Am (amproof) wrote in little_details,

D.C.: Jurisdiction in civvie vs. military crime/pre&post-trial incarceration

Hi everyone,

I need to ask for your help on an NCIS-Xover fic I'm doing. This is my first time posting. I have tried to be as detailed as possible, but please let me know if I should include anything else. Here's the set up.

Time: Present. Location: Washington D.C.

The crime occurs behind a gay dance club in D.C., Dupont Circle area.

Two male civilians emerging from the club are physically and verbally assaulted by three out-of-uniform sailors. One of the sailors has a gun. He tussles with one civilian while his friends beat the other civilian. The gun goes off. The civilian goes down. The gun is dropped. The sailors run. The other civilian picks up the gun and shoots at the sailors. One is hit and dies. NCIS takes the shooter in for questioning. He is later arrested.

Searched comm tags for military, usa:law/government, law, law enforcement, prison

1. Question: Would the civilian be tried in military or civilian court?

Googled: 'Washington D.C. civilian vs. military criminal jurisdiction', 'Washington D.C. civilian vs. navy jurisdiction', 'ncis jurisdiction', 'Washington D.C. citizen vs. military jurisdiction'. Someone told me that D.C. has unique rules regarding criminal code, so I'm uncertain if my instinct that it would be civilian court (DC Superior Court?) is correct.

2.Question: My accused will be denied bail and sent to a minimum security prison until trial. Since he has not been convicted, will he have to wear a prison uniform and live by prison rules, especially in regards to restrictions on visits and personal items? If yes to the uniform, will he be given something to distinguish him from convicted prisoners? A different colored uniform, e.g.? I plan to either use the DC Jail or a fictionalized version.

I found the faq on DC Jail and CTF that lists what prisoners are allowed to have and visiting hours, etc, but it does not specify if there is a difference between those awaiting trial and those convicted. I also found a lawsuit against DC Jail on behalf of a man awaiting trial and one of the claims his lawyers makes is that the man is treated the same as convicted prisoners. Is this standard?

3.Question: After conviction, is it realistic for me to have him sent to a medium security prison such as DC's Correctional Treatment Facility? I was unable to find a listing of the types of crimes that result in incarceration there. I don't want to put him into a maximum security facility. Or am I totally off and he would be sent to a military facility? He's not military, so I assume that's a no...

Thank you so much for your help! Again, if I can add any details to clarify the questions, just let me know. I have tried to tag appropriately, but will also make recommended changes quickly unless the mods wish to do so.
Tags: usa: government: law enforcement (misc), usa: government: prison, usa: washington dc

  • Post a new comment


    default userpic
    When you submit the form an invisible reCAPTCHA check will be performed.
    You must follow the Privacy Policy and Google Terms of use.