NCJ Number
58424
Date Published
1978
Length
555 pages
Annotation
THIS HANDBOOK FOR MILITARY LEGAL OFFICERS, COMMANDERS, AND DISCIPLINARY OFFICERS EXPLAINS THE LEGAL PROCEDURES AND PRINCIPLES INHERENT IN THE MILITARY JUSTICE SYSTEM.
Abstract
ALTHOUGH THE INFORMATION PROVIDED IN THIS EXPLANATION OF MILITARY JUSTICE PRACTICES HAS BEEN SIMPLIFIED FOR THE PURPOSE OF CLARITY, THE GENERAL PRINCIPLES PRESENTED SHOULD AID OFFICERS IN THE PERFORMANCE OF THEIR RESPONSIBILITIES UNDER THE UNIFORM CODE OF MILITARY JUSTICE (UCMJ). THE HANDBOOK PROVIDES A SURVEY OF THE LAW OF EVIDENCE DESIGNED FOR NONLAWYERS THAT INCLUDES DISCUSSION OF ORIGINAL EVIDENCE, THE HEARSAY RULE AND ITS EXCEPTIONS, THE ADMISSIBILITY OF EVIDENCE, AND THE USE OF CIRCUMSTANTIAL EVIDENCE. FURTHERMORE THE RIGHT TO LEGAL COUNSEL UNDER THE MIRANDA AND TEMPIA DOCTRINES IS APPLIED TO MILITARY PERSONNEL. IF A SUSPECT REQUESTS COUNSEL, FOR INSTANCE, THEN ANY CUSTODIAL INTERROGATION MUST BE STOPPED UNTIL COUNSEL CAN BE OBTAINED. CONSENT SEARCHES BY ORDER OF THE COMMANDING OFFICER AND INCIDENT TO LAWFUL ARREST ARE GENERALLY PROPER. INFORMAL AND NONJUDICIAL DISCIPLINARY MEASURES ALSO ARE DESCRIBED, AND PROCEDURES FOR APPEAL FROM NONJUDICIAL PUNISHMENT ARE OUTLINED LIMITS OF PUNISHMENT UNDER ARTICLE 15 OF THE UCMJ. THE PREPARATION AND CONDUCT OF SUMMARY COURTSMARTIAL ARE REVIEWED, WITH EMPHASIS ON THE SPECIAL EVIDENCE PROBLEMS AND NEED FOR AN ACKNOWLEDGMENT OF RIGHTS AND WAIVER. PROCEDURES ARE DISCUSSED CONCERNING THE CREATING AND REFERRAL OF THE SPECIAL COURTS-MARTIAL AND THE MAXIMUM PUNISHMENTS ALLOWABLE. SUBSTANTIVE LAW TOPICS REVIEWED INCLUDE THE CRIMINAL LAW, ORDER OFFENSES, AND DISRESPECT OFFENSES. THE DUTIES AND BEHAVIOR OF SENTINELS ARE OUTLINED, PROSECUTION FOR DRUNKENNESS OR INCAPACITATION ON DUTY IS DESCRIBED, AND PROPERTY CRIMES AND DRUG OFFENSES ARE DISCUSSED. A GLOSSARY OF WORDS AND PHRASES AND LISTING OF ABBREVIATIONS ARE PROVIDED. (TWK).