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Concurrent Jurisdiction

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Key Message

Juvenile misconduct on military installations subject to exclusive federal legislative jurisdiction is adjudicated in the federal court system, which is designed for adults. States’ juvenile courts can adjudicate juvenile offenses when concurrent jurisdiction is established between state and federal authorities over military installations.

Analysis

Establishing concurrent jurisdiction depends on how federal jurisdiction was initially defined, i.e., partial or full jurisdiction, only priority federal interest, or concurrent coverage. If concurrent jurisdiction is established, offenses (such as problematic sexual behavior in children and youth) could be adjudicated through the juvenile court system, allowing for more appropriate sentencing and case management outcomes.

Statistic

Between one-half and three-fourths of active/reserve installations may require some enabling legislation to support memorandums of understanding for concurrent oversight of juvenile offenses.