NCJ Number
46107
Date Published
1976
Length
442 pages
Annotation
THE COMPLEX LEGAL PRINCIPLES AND PROCEDURES INHERENT TO THE MILITARY JUSTICE SYSTEM ARE EXPLAINED SIMPLY IN ORDER TO HELP COMMANDING OFFICERS AND OTHERS RESPONSIBLE FOR DISCIPLINE DISCHARGE THEIR DUTIES.
Abstract
THE INTENT OF THE DOCUMENT IS TO GIVE GENERAL RULES. THE IMPORTANCE OF SEEKING LEGAL GUIDANCE IN UNCOMMON SITUATIONS IS EMPHASIZED. THE HANDBOOK IS DIVIDED INTO FIVE SECTIONS: A SURVEY OF EVIDENCE FOR NONLAWYERS, BASIC MILITARY CRIMINAL PROCEDURE, A SUBSTANTIVE LAW BASIC STUDY GUIDE, A GLOSSARY OF WORDS AND PHRASES, AND COMMON ABBREVIATIONS USED IN MILITARY JUSTICE. THE SECTION ON EVIDENCE DISCUSSES ORAL, DOCUMENTARY, REAL, AND DEMONSTRATIVE EVIDENCE AND THE DIFFERENCE BETWEEN DIRECT AND CIRCUMSTANTIAL EVIDENCE. THE ADMISSIBILITY OF EXPERIMENTS REVOLVED AROUND THE NEEDS AND POLITICS OF THE EXCEPTIONS. ARTICLE 31 OF THE UNIFORM CODE OF MILITARY JUSTICE, WHICH SETS FORTH THE RIGHTS OF THE ACCUSED, IS EXPLAINED IN DETAIL. SEARCH AND SEIZURE RULES AND COMPULSORY PROCESS AND DISCOVERY ARE ALSO DISCUSSED. THE SECTION ON BASIC MILITARY CRIMINAL PROCEDURE TRACES EACH STEP, FROM INFORMAL DISCIPLINARY MEASURES, THROUGH NONJUDICIAL PUNISHMENTS, TO THE SUMMARY COURT-MARTIAL, THE SPECIAL COURT-MARTIAL, AND REVIEW. THE PRETRIAL ASPECTS OF THE GENERAL COURT-MARTIAL ARE DISCUSSED, AND A SAMPLE PRETRIAL INVESTIGATION REPORT IS PRESENTED. THE BASIC LAW SECTION GIVES AN OVERVIEW OF OFFENSES, THEN DISCUSSES ORDERS OFFENSES, DISRESPECT, ABSENCE OFFENSES, THE GENERAL ARTICLE AND SPECIFIC OFFENSES UNDER ITS PROVISIONS, ASSAULT AND BATTERY, ESCAPES FROM CONFINEMENT, DRUNKENNESS, MISBEHAVIOR OF SENTINELS, CRIMES AGAINST PROPERTY, AND FALSE STATEMENTS. DEFENSES FOR EACH OF THESE CHARGES ARE DESCRIBED, AND THE VALIDITY OF EACH DEFENSE IS DISCUSSED. GUIDELINES REGARDING THE SEVERITY OF EACH OFFENSE ARE GIVEN; APPROPRIATE MILITARY CODE CITATIONS FOR EACH ARE PROVIDED. DIFFERENCES BETWEEN THE MILITARY CODE AND COMMON PRACTICE IN CIVILIAN LIFE ARE POINTED. (GLR)