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Military Justice 101
Captain Rafiel D. Warfield, USMC Defense Counsel, Legal Team ECHO
ADMINISTRATIVE
Pg 11 Counseling
6105 Counseling with TEETH
CRB (competency review board) Maybe you’re not ready yet
NJP Commander’s tool to maintain good order and
discipline Administrative Separations
You’re FIRED
Administrative; NJP
YOUR CHOICE It’s a process Three Options
Accept and Plead “G” Accept and Plead “NG” Reject
Administrative Separation
NOT A CRIMINAL PROCEEDING Three questions to be asked
Does a basis exist to separate the Marine
If yes, should the Marine be separated If yes, how should we characterize his
service▪ Honorable▪ General▪ Other than Honorable
OTH v BCD
OTH No educational
benefits No medical benefits No criminal conviction
BCD No educational
benefits No medical benefits Criminal conviction
CRIMINALCourts Martial
Summary Courts Martial
NJP with TEETH 1 Officer is adjudicator Punishment
30 days confinement Reduction 1 rank (for E5 below) Forfeitures
99% of the time – This will not turn into a conviction
Special Courts Martial
Federal Criminal Conviction REAL DEAL Punishments
12 months confinement 12 months forfeitures Reduction to E-1 Bad Conduct Discharge
General Courts Martial
Federal Criminal Conviction For real, for real REAL DEAL Article 32 hearing (grand jury) Punishments
Depends on the crime
Pre-Trial Agreements
NEGOTIATIONS Pleas Maximum punishments
PROVIDENCY
APPELLATE REVIEW/LEAVE
Article 31 (b) Rights
KNOW THEM I have the right to remain silent. I do not have to answer questions
or make any statement.
Before I decide whether I want to answer questions or make a statement, I may consult with a lawyer. If I decide to consult with a lawyer, the interviewer will stop the questioning. I may consult with a military lawyer provided without cost to me.
If I decide to answer questions or make a statement, anything I say may be used as evidence against me in any court-martial, non-judicial proceeding, administrative proceeding, or civilian court.
Even if I decide to answer questions or make a statement, I may at any time stop answering questions, refuse to make any further statements, or request to consult with a lawyer.
You will not be punished if you exercise your rights.
Questions?If you’re given the right to remain silent… exercise the right!