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Concurrent Juvenile Jurisdiction

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Key Message

Military installations subject to exclusive federal jurisdiction often handle juvenile offenses through the federal system, which has no established juvenile justice system. Adopting policies that facilitate concurrent jurisdiction between the state and military installations opens the door to the state juvenile justice system and resources, offering improved opportunities for rehabilitation tailored to address juveniles.

Analysis

A jurisdictional gap on U.S. military properties forces commanders to manage complex juvenile cases better suited for state systems. In response to concerns — especially about juvenile sexual assault — the John S. McCain National Defense Authorization Act for Fiscal Year 2019 prompted the War Department to seek concurrent jurisdiction with states. However, legal complexities and practical constraints continue to hinder justice for military families, as outlined in the 2024 Concurrent Juvenile Jurisdiction Knowledge Development Report.

Insights

Historically, the federal government obtained exclusive jurisdiction over land by agreement with the owning state or maintained jurisdiction after forming a new state. However, as military installations welcome more civilians, the need to shift from exclusive to concurrent jurisdiction becomes evident.

Supporting Resources

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