NCJ Number
58426
Date Published
1978
Length
512 pages
Annotation
PROCEDURAL GUIDELINES RELEVANT TO THE MILITARY JUSTICE SYSTEM, ESPECIALLY COURT MARTIAL PROCEEDINGS, ARE PRESENTED.
Abstract
AN INTRODUCTION TO THE TEXT EXAMINES THE MILITARY JUSTICE SYSTEM AND GENERAL JURISDICTIONAL REQUIREMENTS. CONSIDERATION IS THEN GIVEN TO PRELIMINARY DISCIPLINE MATTERS (INITIATION OF CHARGES, INQUIRY, AND PRETRIAL RESTRAINT AND CONFINEMENT), NONPUNITIVE MEASURES (CENSURE, EXTRA MILITARY DUTY OR INSTRUCTION, DENIAL OF PRIVILEGES, AND VOLUNTARY RESTRAINT), AND NONJUDICIAL PUNISHMENT. PROCEDURES OF SIGNIFICANCE WITH REGARD TO COURT MARTIAL ARE NOTED: QUALIFICATIONS OF MILITARY JUDGES; RIGHT TO COUNSEL AND DUTIES OF COUNSEL; CONVENING A COURT MARTIAL BODY; REFERENCE OF CHARGES TO A COURT MARTIAL FOR TRIAL; AND COURT MARTIAL TRIAL (INQUIRY BY MILITARY JUDGE PRIOR TO ARRAIGNMENT, POSTARRAIGNMENT MOTIONS, ACTIONS ON GRANTED MOTIONS, PLEAS BEFORE COURT MARTIAL, AND ABSENCE OF OR CHANGE IN MILITARY JUDGE). OTHER PROCEDURES ARE ALSO CITED AS THEY CONCERN: JURISDICTIONAL LIMITATIONS ACCORDING TO OFFENSE AND OFFENDER TYPES; PRETRIAL REQUESTS TO CONVENING AUTHORITIES; CHALLENGES AND UNLAWFUL COMMAND INFLUENCES; SPECIFIC TRIAL MATTERS SUCH AS RULINGS ON MOTIONS AND OBJECTIONS AND INSTRUCTIONS TO COURT MARTIAL BODY MEMBERS PRIOR TO SENTENCING; CLEMENCY RECOMMENDATIONS; AND PUNISHMENT. THE APPELLATE REVIEW OF COURT MARTIAL PROCEEDINGS IS DETAILED, AND ATTENTION IS GIVEN TO EXTRORDINARY RELIEF AND THE U.S. COURT OF MILITARY APPEALS. A GLOSSARY OF TERMS AND A LIST OF ABBREVIATIONS USED IN MILITARY JUSTICE ARE PROVIDED. (DEP)