Madsen v. Kinsella

Background

Yvette Madsen, a native-born U.S. citizen living in the American Zone of Occupied Germany as the dependent wife of an Air Force lieutenant, shot and killed her husband in October 1949. She was arrested by U.S. military police, tried by a United States Military Government Court (later called a United States Court of the Allied High Commission for Germany), convicted under the German Criminal Code, and sentenced to fifteen years. She sought release through a federal habeas petition in West Virginia; lower federal courts denied relief and the case reached the Supreme Court.

Reasoning

The Court addressed whether U.S. occupation courts had authority to try civilians who accompanied U.S. forces. It explained that military commissions and occupation courts have long been used to govern and keep order in occupied territory, that Congress in 1916 preserved concurrent jurisdiction for such war courts, and that U.S. occupation orders and ordinances authorized the occupation courts to apply German criminal law to civilians in the U.S. Area of Control. The Court concluded these occupation courts were lawful tribunals in the nature of military commissions and therefore had jurisdiction to try petitioner. The Court affirmed the denial of her federal release petition.

Real world impact

The decision confirms that the United States may try American civilians who accompany its forces in occupied territory before U.S. occupation courts applying local criminal law. That affects military families, civilian employees, and other dependents abroad. The ruling resolved the jurisdiction question for this case but leaves broader policy and legislative choices to Congress and the Executive.

Dissents or concurrances

Justice Black dissented, arguing that trying American citizens in such courts without laws and courts created by Congress violates the Constitution and that only Congress should authorize such tribunals.