[20050606]RS20590_《共同犯罪集团法》及相关事项：草图.pdf

Congressional Research Service The Library of CongressCRS Report for CongressReceived through the CRS WebOrder Code RS20590Updated June 6, 2005The Posse Comitatus Act and RelatedMatters: A SketchJennifer ElseaLegislative AttorneyAmerican Law DivisionSummaryThe Posse Comitatus Act states that: Whoever, except in cases and undercircumstances expressly authorized by the Constitution or Act of Congress, willfullyuses any part of the Army or the Air Force as a posse comitatus or otherwise to executethe laws shall be fined under this title or imprisoned not more than two years, or both.18 U.S.C. 1385. It reflects an American tradition that bridles at military involvementin civilian affairs. Congress, however, has approved a number of instances whereextraordinary circumstances warrant a departure from the general rule, particularly incases where the armed forces provide civilian assistance without becoming directlyinvolved in civilian law enforcement. This is an abridged version of The PosseComitatus Act and Related Matters: The Use of the Military to Execute Civilian Law,CRS Report 95-964 in which the authorities for the statements made here may be found.This report summarizes proposed b