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Military Justice

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military justice agenda purposes of military justice legal sources of military justice key personnel in the military justice system ucmj jurisdiction unlawful command ... – PowerPoint PPT presentation

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Title: Military Justice


1
Military Justice
2
Agenda
  • Inspections
  • Urinalysis
  • Nonpunitive
  • Nonjudicial
  • Soldiers Rights
  • Art. 15 Hearing
  • Punishments
  • Purpose
  • Legal Sources
  • Key Personnel
  • Jurisdiction
  • Command Influence
  • Rights Warning
  • Search and Seizure

3
PURPOSES OFMILITARY JUSTICE
  • Promote Justice
  • Maintain Good Order and Discipline
  • Promote Efficiency and Effectiveness
  • Strengthen the National Security

4
LEGAL SOURCES OF MILITARY JUSTICE
  • U.S. Constitution
  • Articles of War
  • Uniform Code of Military Justice
  • Manual for Courts-Martial, U.S. 1984
  • Local Regulations
  • Court Decisions
  • 1SG
  • Legal Clerk
  • SJA

5
KEY PERSONNEL IN THEMILITARY JUSTICE SYSTEM
  • Commander
  • Staff Judge Advocate
  • Trial Counsel
  • Defense Counsel
  • Military Judge
  • Legal Specialists

6
UCMJ JURISDICTION
  • Over the Person
  • Active Duty Soldiers
  • Reserve Soldiers, certain times
  • U.S. Academy Cadets
  • National Guard in Federal Service
  • Others
  • Over the Offense
  • Concurrent Civilian Jurisdiction?
  • Worldwide Jurisdiction

7
UNLAWFUL COMMANDINFLUENCE
  • A Superior Cannot
  • Order a Subordinate to take specific action
  • Intimidate or Discourage a Witness
  • Reprimand or give unfavorable ratings for
    conduct as
  • court or board member

8
IMPORTANCE OF PROPERCOMMAND CONTROL
  • Personal Importance
  • Discipline, Efficiency, and Integrity of the
    system
  • Civilian Impressions and Reputation of the system

9
RIGHTS WARNING
  • Nature of the suspected offense
  • Right to remain silent
  • Any statement made can be used at trial
  • Right to consult an attorney prior to
    questioning and
  • have attorney present during questioning
  • Right to representation at all critical stages

10
SEARCH AND SEIZURE
  • Probable Cause

A reasonable belief that items connected with
criminal conduct are located in a particular
place or on a certain person.
  • Analyze totality of circumstances
  • What is where and when?
  • How do you know?
  • Why should I believe you?

11
NONJUDICIAL PUNISHMENTARTICLE 15, UCMJ
  • Types of Article 15s
  • Summarized
  • No right to lawyer
  • Extra duties and restriction
  • Records not admissible at Court-martial
  • Formal
  • Provides formal record
  • Significant punishment and rehab potential
  • Pay, reduction, extra duties, restriction
  • Right to consult with lawyer

12
NONJUDICIAL PUNISHMENTARTICLE 15, UCMJ
  • Any officer in command may impose Article 15
  • Limitations on Article 15 Authority
  • Superior commander cannot direct subordinate to
    issue Article
  • 15 or impose punishment
  • Superior commander may withhold all or partial
    Article 15
  • authority

13
ACCUSEDS RIGHTSAND OPTIONS
Rights Formal Summarized Art. 31B
Warning Yes Yes Demand Trial Yes Yes Consult
Lawyer Yes No Open Hearing Yes No Spokesperson
Yes No Have Witnesses Yes No Appeal Yes N
o
14
ARTICLE 15 HEARING
  • Purpose Determine if soldier committed offense
  • Standard Proof beyond a reasonable doubt
  • Persons present Commanders option usually
  • Accused
  • 1SG/SGM
  • Supervisory chain
  • Commanders actions
  • Consider evidence
  • Decide guilt or innocence
  • Impose punishment
  • Explain right to appeal

15
ARTICLE 15PUNISHMENTS
  • Reduction in Rank
  • Correctional Custody
  • Forfeiture of Pay
  • Extra Duty
  • Restriction
  • Reprimand/Admonition

16
SEARCHES NOT REQUIRINGAUTHORIZATION
  • Consent search
  • Person sets limits
  • Good insurance
  • Search incident to apprehension
  • Reasonable Grounds must exist
  • Search person and area of immediate control
  • Exigent circumstances
  • Evidence may be destroyed or removed
  • Common in cases involving cars and drugs
  • Administrative inspections

17
ADMINISTRATIVEINSPECTIONS
  • Commanders have the right and duty to inspect
    troops
  • and equipment.
  • Primary Purpose is to ensure security, fitness,
    property
  • accountability, or good order and
    disciplineNOT
  • collect evidence of a crime.
  • If contraband is found during inspection it may
    be
  • seized as evidence.
  • Not a cover up for a search military courts
    will
  • scrutinize.

18
NONPUNITIVEENFORCEMENT
  • Good leadership
  • Counseling Oral and written
  • Reprimands Oral and written
  • Enlisted administrative separations
  • Corrective training
  • Bars to Reenlistment
  • Withhold benefits and privileges

19
NONJUDICIAL PUNISHMENTARTICLE 15, UCMJ
  • Commanders authorization to impose punishment
  • Purposes of an Article 15
  • Correct, educate, reform soldiers.
  • Avoid the stigma of a court-martial.
  • Promote efficiency in discipline.
  • When is an Article 15 appropriate?
  • Minor crimes under UCMJ
  • Other administrative measures fail or they
  • are not appropriate.

20
FILING OF ARTICLE 15s
  • Summarized
  • Kept at unit for two years or until transfer
  • Formal
  • E4 and below same as summarized
  • E5 and above are filed in OMPF, restricted or
  • performance side

21
PRETRIAL RESTRAINT
  • General Rule
  • An accused pending charges should
    ordinarily continue
  • normal duties.
  • Authorized upon Probable Cause that
  • UCMJ offense committed
  • Accused committed it
  • Restraint is required to ensure the
    accuseds presence or
  • to prevent foreseeable serious misconduct

22
PRETRIAL RESTRAINT
  • Forms of Pretrial Restraint
  • Conditions on Liberty
  • Restriction (in Lieu of Arrest)
  • Arrest
  • Confinement
  • Factors to consider
  • Type of offenses committed
  • Strength of the evidence
  • Accuseds ties and finances
  • Accuseds character and record
  • Contact your JA

23
COMMANDERSPRELIMINARY INQUIRY
  • Immediate commander is required to investigate
    allegations
  • of criminal conduct
  • Commander determines format usually informal
  • Purpose
  • Determine facts surrounding allegations bearing
    on
  • guilt or innocence
  • Preserve evidence/Identify witnesses
  • Reach an informed decision on disposition
  • Approach
  • Gather all reasonably available evidence

24
INITIATION OF COURT-MARTIAL CHARGES
  • Is Court-Martial Appropriate? Consider
  • Bottom up approach solve at lowest level.
  • Any previous administrative action or NJP?
  • Seriousness of the offense.
  • Impact of the offense on victims, command, Army,
    or the nation.
  • Appropriateness of punitive discharge or
    long-term
  • confinement/level of court-martial.
  • Strength of the case can JA support trial?

25
SUMMARY COURT-MARTIAL
  • One officer Captain or above.
  • Detailed by convening authority to administer
    military
  • justice for minor offenses.
  • All-encompassing responsibility to gather
    evidence,
  • determine guilt, and assess punishment.
  • DA Pam 27-7 detailed procedural guide.
  • Legal Advisor appointed.

26
INVESTIGATING OFFICERARTICLE 32(b), UCMJ
  • Article 32(b) Thorough and impartial
    investigation
  • is required before every GCM
  • Purpose
  • MCM purposes
  • Discovery
  • Preservation of testimony
  • One officer usually field grade.
  • Judicial function
  • DA Pam 21-17 Detailed procedural guide.
  • Report of Investigation

27
Summary
  • Inspections
  • Urinalysis
  • Nonpunitive
  • Nonjudicial
  • Soldiers Rights
  • Art. 15 Hearing
  • Punishments
  • Purpose
  • Legal Sources
  • Key Personnel
  • Jurisdiction
  • Command Influence
  • Rights Warning
  • Search and Seizure

28
Question Conclusion
Injustice is the all the greater when it is
armed injustice Aristotle
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