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Legal

Legal. PURPOSES OF MILITARY JUSTICE. Promote Justice Maintain Good Order and Discipline Promote Efficiency and Effectiveness Strengthen the National Security. LEGAL SOURCES OF MILITARY JUSTICE. U.S Constitution Articles of War Uniform Code of Military Justice

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Legal

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  1. Legal

  2. PURPOSES OF MILITARY JUSTICE • Promote Justice • Maintain Good Order and Discipline • Promote Efficiency and Effectiveness • Strengthen the National Security

  3. 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

  4. KEYPERSONNEL IN THE MILITARY JUSTICE SYSTEM • Commander • Staff Judge Advocate • Trail Counsel • Defense Counsel • Military Judge • Legal Specialists • Court Reporter

  5. 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

  6. UNLAWFUL COMMAND INFLUENCE 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

  7. IMPORTANCE OF PROPER COMMAND CONTROL • Personal Importance • Discipline, Efficiency, and Integrity of • the system • Civilian Impressions and Reputation • of the system

  8. ADMINISTRATIVE INSPECTIONS • Commanders have the right and duty to inspect troops and equipment. • Primary Purpose is to ensure security, fitness, • property accountability, or good order and • discipline. • If contraband is found during inspection it • may be seized as evidence.

  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. NONPUNITIVE ENFORCEMENT • Good leadership • Counseling: Oral and written • Reprimands: Oral and written • Enlisted administrative separations • Corrective training • Bars to Reenlistment • Withhold benefits and privileges

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

  12. NONJUDICIAL PUNISHMENT ARTICLE 15, UCMJ • No right to lawyer • Extra duties and restriction • Records not admissible at Court-martial. • Provides “formal” record • Significant punishment and rehab potential • Pay, reduction, extra duties, restriction • Right to consult with lawyer • Types of Article 15’s • Summarized: • Formal:

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

  14. Article 15 Punishment Punishment Company Grade Field Grade • Extra Duties 14 Days 45 Days • Restriction 14 Days 60 Days • Reduction (E1-E4) One rank All Rank • Forfeiture 7 Days Pay 1/2 mnth x 2 • *Summarized Art 15: 14 Days Extra Duty & 14 Days Restriction only!!

  15. NONJUDICIAL PUNISHMENT ARTICLE 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

  16. 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 • Commander’s actions: • Consider evidence • Decide guilt or innocence • Impose punishment • Explain right to appeal

  17. Procedure: • Written appeal • Submitted thru imposing commander • Appellate authority: • Next superior commander • Actions on appeal: • Approve punishment • Mitigate (lesson) • Remit (forgive) • Suspend (hang over head) • Set aside (wipe out) ARTICLE 15 APPEALS

  18. FILING OF ARTICLE 15’s • 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

  19. MILITARY JUSTICE • COURTS-MARTIAL: • SUMMARY • SPECIAL • BCD SPECIAL • GENERAL COURT-MARTIAL (GCM)

  20. Summary Court-Martial • Required MembershipConvening Authority • 1 Commissioned Officer Battalion Commander • Persons TriableMaximum Punishment • Enlisted Soldiers Confinement - 1month Reduction, Forfeiture: Offenses Triable2/3 of 1 month’s pay • Any non-capital offense • punishable by the UCMJ

  21. B.CD SPECIAL Court-Martial • Required MembershipConvening Authority • Military Judge Division/ Post Commander • 3 or more members • Trial/Defense Counsel Maximum Punishment Bad Conduct Discharge • Persons Triable Confinement - 6 months • Enlisted Soldiers Reduction, Forfeiture: 2/3 of Pay per month for 6 months • Offenses Triable Fine • Any non-capital offense • punishable by the UCMJ

  22. GENERAL Court-Martial Required MembershipConvening Authority • Military Judge Division/ Post Commander • 5 or more members • Trial/Defense Counsel Maximum PunishmentPersons Triable Dishonorable/Bad Conduct • Enlisted Soldiers Discharge • Commissioned Officers Life / Death • Warrant Officers Reduction Offenses Triable Forfeiture: Total • Any capital offense Fine • punishable by the UCMJ

  23. Investigation Preferral Article 32 Investigation (GCM) Referral Motions Trial Clemency (RC 1105) Appellate process TheCourt-Martial Process

  24. Crimes

  25. CAPITAL CRIMES Article • Desertion (wartime) 85 • Disobeying order of superior 90 commissioned officer (wartime) • Mutiny & Sedition 94 • Misbehavior before the enemy 99 (9) • Subordinate compelling surrender 100 • Improper use of a countersign 101 • Forcing a Safeguard 102

  26. CAPITAL CRIMES Article • Aiding the enemy (knowingly) 104 • Spies (mandatory if wartime) 106 • Espionage 106a • Improper hazarding of vehicle 110 • Misbehavior of sentinel (lookout) 113 • Murder (premed. or felony) 118 • Rape 120 • Conduct unbecoming officer 133

  27. CRIMINAL MISCONDUCT Rape DD & Life Indecent Assault DD & 5 Yrs Fraternization DD & 2 Yrs Assault 3 MOS to DD & 20 Yrs Extortion DD & 3 Yrs Threat DD & 1 Yr Indecent Exposure BCD & 3Yrs Disrespect BCD-DD & 1-5Yrs Sodomy DD & 5-20 Yrs Indecent Language DD & 2 Yrs Prostitution/Pandering DD $ 1, 5 Yrs Attempts, Solicitation, Conspiracy

  28. legal assistance Office 125 E 8th Street, BLDG 1706 Flw, MO 65473 Ph#(573) 596-0629 fax (573)596-0105 Office hours 0830-1600 hrs Walk-ins mon at 1300 hrs and thurs at 0900hrs Walk-ins are first come, first served basis Wills/ estate planning wed by appointment Scheduled appointments- call 596-0629 Notary and power of attorney on walk-in basis Mon-fri 0830-1545 hrs

  29. QUESTIONS?

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