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Military Law--Military Jurisdiction Over Crimes Committed By Military Personnel Outside The United States: The Effect Of O'Callahan V. Parker, Michigan Law Review
Military Law--Military Jurisdiction Over Crimes Committed By Military Personnel Outside The United States: The Effect Of O'Callahan V. Parker, Michigan Law Review
Michigan Law Review
Until recently, it had generally been considered that the minimum condition necessary to justify the invocation of military jurisdiction was the offender's "status" as "a person who can be regarded as falling within the term 'land and naval forces.' " In O' Callahan v. Parker, however, the United States Supreme Court determined that while military status is still requisite to the attachment of military jurisdiction, it is not a sufficient basis in and of itself to warrant trial by a military tribunal. In a five to three decision authored by Justice Douglas, the Court held that in order for military …