Introduction to the Manual for Courts-Martial, Rights of the Accused, and State Codes

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Introduction to the Manual for Courts-Martial, Rights of the Accused, and State

Overview

Purpose of Military Law The Manual for Courts-Martial (MCM) Rights of an Accused

Rights AdvisementTraining Requirements

Parts of a Punitive Article Commonly used Punitive Articles

MP1. Purpose of Military Law

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”

MP2. Manual for Courts-Martial Overview

Part 1: Preamble

Part 2: Rules for Courts-Martial (RCM)

Part 3: Military Rules of Evidence (MRE)

Part 4: The Punitive Articles

Part 5: Nonjudical Punishment (NJP) Procedures

MP3. Rights of an Accused

Article 31• Presumption of innocence• Burden of proof• Reasonable Doubt• Self-Incrimination• Rights Advisement

MP3. Rights of an Accused

Article 32• Pretrial Investigation• General Courts-Martial

Article 38, Right to an attorneyArticle 27, Equal QualificationsArticle 137, UCMJ training requirements

• Initial entry• After completion of 6 months of active duty• Upon reenlistment

MP4. Parts of the Punitive Article

Articles 77 – 134• Part 1: Text• Part 2: Elements• Part 3: Explanation• Part 4: Lesser Included Offenses• Part 5: Maximum Permissible Punishments• Part 6: Sample Specifications

MP4. Common Punitive Article

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

MP4. Common Punitive Article

State CodesMost states have a State Code of Military JusticeFound within the state statutesVaries from state to state

Examples of State Codes of Military Justice

Summary

Purpose of Military Law The Manual for Courts-Martial (MCM) Rights of an Accused

Rights AdvisementTraining Requirements

Parts of a Punitive Article Commonly used Punitive Articles

I n t e g r i t y - S e r v i c e - E x c e l l e n c e

Introduction to the Manual for Courts-Martial, Rights of the Accused, and State Codes

Documents

FILED JAN 27, 2015 - Washington State Courts … again we are asked to rule whether law enforcement had individualized articulable suspicion to stop and question an accused. The accused,

Military Courts-Martial Under the Military Justice Act of 2016

D)ATE RETURNED 20061026070 - DTIC · 2. Today's Manual 48 IV. ADAPTATION OF FEDERAL GUIDELINES TO COURTS-MARTIAL 50 A. JUDICIAL POSTURE 51 B. DISPARITY 55 1. Courts-Martial Data 55

Preserving Public Confidence in the Courts in an Age of ... · that, it was irate liberals who accused conservative courts of usurping political power by declaring Populist, Progressive

Other Than Honorable ) issued by general courts-martial are disqualifying. The in-between categories, administrative “Other than Honorable” discharges, and punitive “Bad Conduct

A Manual for Courts-Martial, Third Edition, 1893

RECORD OF TRIAL BY SUMMARY COURT-MARTIAL, the summary court-martial gave the accused a . copy of the charge sheet. 5. At that preliminary proceeding the summary court-martial informed

Non-Deployable: The Court-Martial System in Combat from ... · 2009. The 672 Army courts-martial tried in either Afghanistan or Iraq from 2001 to 2009 were the majority of all courts-martial

THE 1838-1839 COURTS-MARTIAL OF PATRIOTES IN LOWER …

Galiano Courts Martial Inquiry - Nauticapedia

Courts Martial Legislation

The Liquisa massacre - Victoria Universityvuir.vu.edu.au/26017/1/TAPOL128_compressed.pdf · The Liquisa massacre ... been violated and courts martial might follow. Two army ... Situation

Instructions for Courts-Martial including Summary …"Interpreters to courts-martial are paid by the Pay De partment, upon the certificate of the judge advocate that they were employed

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PART I PRELIMINARY PART II—CONSTITUTION, STRUCTURE, … · 2017. 6. 8. · Constitution of Courts Martial 160—Constitution of the courts martial. 161—Guiding principles in exercising

1 The U.S. Oral Courts-Martial System. 2 General Principles of U.S. Military Justice Military personnel are given responsibilities and trust beyond the

A Manual for Courts-Martial, Third Edition, 1893 · Manual for Courts-martial," was submitted to :Maj. ... over persons in the military service as to obli ... and must be con

Rules of Practice before Army Courts-Martial · The Rules of Practice before Army Courts-Martial (Rules of Court) supplement the Rules for Courts-Martial (RCM) and, together with