In reply to Darkside Trooper (msg # 796):
quote:
Sort of, but martial law has been declared so that's a moot point.
I don't think this is correct, boss. Not unless these folks have gone off the reservation!
quote:
The martial law concept in the United States is closely tied with the right of habeas corpus, which is in essence the right to a hearing on lawful imprisonment, or more broadly, the supervision of law enforcement by the judiciary. The ability to suspend habeas corpus is often equated with martial law.[citation needed] Article 1, Section 9 of the US Constitution states, "The Privilege of the Writ of Habeas Corpus shall not be suspended, unless when in Cases of Rebellion or Invasion the public Safety may require it."
In United States law, martial law is limited by several court decisions that were handed down between the American Civil War and World War II. In 1878, Congress passed the Posse Comitatus Act, which forbids military involvement in domestic law enforcement without congressional approval.
https://en.wikipedia.org/wiki/...al_law#United_States
In the USA, "Martial Law" simply means that with congressional approval the regular military enforces existing laws as an aid to the civil power, primarily with regards to detention. The military doesn't get to rewrite laws or ignore them, or completely revoke Constitutional protections. That's a commonly-held myth. They could detain us (as a suspension of
Habeus Corpus) if we were part of an insurrection or invaders, which we are clearly not. We are evacuees, not criminals or insurrectionists. There is no implied right to take our stuff.
Otherwise, all normal laws and precedent applies. Collecting weapons is a safety issue and normal policy on a base, seizing personal belongings is not. Even US combat troops in a war zone operate under guidelines and rules that prohibit seizing private property willy-nilly. (In other words, you could seize an RPG but not confiscate someone's HDTV because it would look good in your quarters.)
Oddly, I did some reading on US Martial Law and this subject for a zombie game I was in several years ago. In that game, we were playing National Guard in an armoured unit training at Ft. Harrison in Montana (where the GM was coincidentally stationed at the time as an instructor). The other players (who had almost all served in the US military) were of the mind of they had the firepower, so civilians they rescued or came across would simply be compelled to do as they said and anything they wanted in terms of supplies was fair game.
Over time the other players saw the need for a lighter touch in handling civilians both on and off post, lest they somehow get the idea they were living under occupation by a military dictatorship (which was technically true). In other words, what are our responsibilities as military personnel in imposing and maintaining order? Rules delineating "salvage" from "looting" were worked out for both soldiers and civilians and posted, classes of weapons were prohibited (military grade or automatic weapons) and so on. This means there was a plausible legal rationale to allow (say) for the appropriation of medical supplies from warehouses but not grabbing a civilian paramedic's personal kit unless there was a dire and immediate need, or obtaining JP4 from a civil airport to replenish base stocks but not stopping POVs (Privately Owned Vehicles) and taking all spare jerrycans of fuel and siphoning the gas tank.
Further, a framework for democratic civilian government was established so that the US military wasn't only running the show. Not too surprisingly, my character ("LT Neil "Stokes" Stoeker) was promoted to Captain and made the Civil Affairs Officer and civilian government liaison. In this way, the military could get away from direct military rule and back to reconstruction and fighting the undead menace while maintaining good relations with surviving civilians.
Getting back to Martial Law, it basically means that (assuming it was legally imposed) the military can detain us if we are engaged in insurrection or invaders, neither of which obviously applies. Nothing else. Martial Law is not
carte blanche for the the military to do as it sees fit, unless we're in a cliched
Day of the Dead or
28 Days Later situation. One day they're stealing your stuff, the next they're claiming to have the "cure for infection", if you know what I mean.
Tony