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Intro to MCM & Rights of the Accused

Intro to MCM & Rights of the Accused. Purpose of Military Law The Manual for Courts-Martial (MCM) Rights of an Accused Rights Advisement Training Requirements Parts of a Punitive Article Commonly used Punitive Articles. Overview. Preamble of the MCM:

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Intro to MCM & Rights of the Accused

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  1. Intro to MCM & Rights of the Accused

  2. Purpose of Military Law The Manual for Courts-Martial (MCM) Rights of an Accused Rights Advisement Training Requirements Parts of a Punitive Article Commonly used Punitive Articles Overview

  3. Preamble of the MCM: “The purpose of military law is to promote justice, to assist in maintaining good order and discipline in the armed forces, to promote efficiency and effectiveness in the military establishment, and thereby strengthen the national security of the United States” MP1. Purpose of Military Law

  4. Part 1: Preamble Part 2: Rules for Courts-Martial (RCM) Part 3: Military Rules of Evidence (MRE) Part 4: The Punitive Articles Part 5: Non-judicial Punishment (NJP) Procedures MP2. MCM Overview

  5. Article 31 Presumption of innocence Burden of proof Reasonable Doubt Self-Incrimination Rights Advisement MP3. Rights of an Accused

  6. Article 27, Equal Qualifications Article 32 Pretrial Investigation General Courts-Martial Article 38, Right to an attorney Article 137, UCMJ training requirements Initial entry After completion of 6 months of active duty Upon reenlistment MP3. Rights of an Accused

  7. Articles 77 – 134 (Punitive Articles) Part 1: Text Part 2: Elements Part 3: Explanation Part 4: Lesser Included Offenses Part 5: Maximum Permissible Punishments Part 6: Sample Specifications MP4. Parts of the Punitive Article

  8. 47. Article 122 – RobberyA. Text of statute Any person subject to this chapter who with intent to steal takes anything of value from the person or in the presence of another, against his will, by means of force or violence or fear of immediate or future injury to his person or property or to the person or property of a relative or member of his family or of anyone in his company at the time of the robbery, is guilty of robbery and shall be punished as a court-martial may direct. B. Elements (1) That the accused wrongfully took certain property from the person or from the possession and in the presence of a person named or described; (2) That the taking was against the will of that person; (3) The taking was by means of force, violence, or force and violence, or putting the person in fear of immediate or future injury to that person, a relative, a member of the person’s family, anyone accompanying the person at the time of the robbery, the person’s property, or the property of a relative, family member, or anyone accompanying the person at the time of the robbery; (4) That the property belonged to a person named or described; (5) That the property was of a certain or of some value; and (6) That the taking of the property of the accused was with the intent permanently to deprive the person robbed of the use and benefit of the property. (7) That the means of force or violence or of putting the person in fear was a firearm. C. Explanation (1) Taking in the presence of the victim. It is not necessary that the property taken be located within any certain distance of the victim. (2) Force or violence. For a robbery to be committed by force or violence, there must be actual force or violence to the person, preceding or accompanying the taking against the person’s will, and it is immaterial that there is no fear engendered in the victim. (3) Fear. For robbery to be committed by putting the victim in fear, there need be no actual force or violence, but there must be a demonstration of force or menace by which the victim is place in such fear that the victim is warranted in making no resistance.D. Lesser included offences (1) Article 121 – larceny (2) Article 121 – wrongful appropriation (3) Article 128 – assault; assault consummated by a battery (4) Article 128 – assault with a dangerous weapon (5) Article 134 – assault with intent to rob (6) Article 80 – attemptsE. Maximum punishment (1) When committed with a firearm. Dishonorable discharge, forfeiture of all pay and allowances and confinement for 10 years. (2) Other cases. Dishonorable discharge, forfeiture of all pay and allowances, and confinement for 10 years. F. Sample specification In that (personal jurisdiction data) did (at/on board – location) (subject-matter jurisdiction data, if required), on or (violence) (force and violence) (and) (putting him/her in fear) (with firarm) steal from the (person) (presence) of, against his/her will, (a watch) ( ) of value of (about) $ the property of

  9. 47. Article 122 – RobberyA. Text of statute Any person subject to this chapter who with intent to steal takes anything of value from the person or in the presence of another, against his will, by means of force or violence or fear of immediate or future injury to his person or property or to the person or property of a relative or member of his family or of anyone in his company at the time of the robbery, is guilty of robbery and shall be punished as a court-martial may direct.

  10. 47. Article 122 – RobberyB. Elements (1) That the accused wrongfully took certain property from the person or from the possession and in the presence of a person named or described; (2) That the taking was against the will of that person; (3) The taking was by means of force, violence, or force and violence, or putting the person in fear of immediate or future injury to that person, a relative, a member of the person’s family, anyone accompanying the person at the time of the robbery, the person’s property, or the property of a relative, family member, or anyone accompanying the person at the time of the robbery; (4) That the property belonged to a person named or described; (5) That the property was of a certain or of some value; and (6) That the taking of the property of the accused was with the intent permanently to deprive the person robbed of the use and benefit of the property. [NOTE: If robbery was committed with a firearm, add the following.] (7) That the means of force or violence or of putting the person in fear was a firearm.

  11. 47. Article 122 – RobberyC. Explanation (1) Taking in the presence of the victim. It is not necessary that the property taken be located within any certain distance of the victim. (2) Force or violence. For a robbery to be committed by force or violence, there must be actual force or violence to the person, preceding or accompanying the taking against the person’s will, and it is immaterial that there is no fear engendered in the victim. (3) Fear. For robbery to be committed by putting the victim in fear, there need be no actual force or violence, but there must be a demonstration of force or menace by which the victim is place in such fear that the victim is warranted in making no resistance.

  12. 47. Article 122 – RobberyD. Lesser included offences (1) Article 121 – larceny (2) Article 121 – wrongful appropriation (3) Article 128 – assault; assault consummated by a battery (4) Article 128 – assault with a dangerous weapon (5) Article 134 – assault with intent to rob (6) Article 80 – attempts

  13. 47. Article 122 – RobberyE. Maximum punishment (1) When committed with a firearm. Dishonorable discharge, forfeiture of all pay and allowances and confinement for 15 years. (2) Other cases. Dishonorable discharge, forfeiture of all pay and allowances, and confinement for 10 years.

  14. 47. Article 122 – RobberyF. Sample specification In that (personal jurisdiction data) did (at/on board – location) (subject-matter jurisdiction data, if required), on or (violence) (force and violence) (and) (putting him/her in fear) (with firearm) steal from the (person) (presence) of, against his/her will, (a watch) ( ) of value of (about) $ the property of

  15. Article 85, Desertion Article 86, Absence without leave Article 91, Insubordinate Conduct toward warrant officer, noncommissioned officer, or petty officer Article 92, Failure to obey order or regulation Article 107, False Official Statement Article 108, Military property of the United States –sale, loss, damage, destruction or wrongful disposition Article 111, Drunken or reckless operation of vehicle, aircraft, or vessel Article 112, Drunk on Duty Article 112a, Wrongful use, possession, etc. of controlled substances Article 117, Provoking Speeches and gestures Article 123a, Making, drawing, or uttering check without sufficient funds Article 128, Assault Article 134, General Article MP5 Common Punitive Article

  16. Summary • Purpose of Military Law • The Manual for Courts-Martial (MCM) • Rights of an Accused • Rights Advisement • Training Requirements • Parts of a Punitive Article • Commonly used Punitive Articles

  17. First Sergeant Academy Our Job Is People, Everyone is our Business QUESTIONS? Integrity – Service – Excellence

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