1 / 12

Military Justice 101

Captain Rafiel D. Warfield, USMC Defense Counsel, Legal Team ECHO. Military Justice 101. 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

daxia
Download Presentation

Military Justice 101

An Image/Link below is provided (as is) to download presentation Download Policy: Content on the Website is provided to you AS IS for your information and personal use and may not be sold / licensed / shared on other websites without getting consent from its author. Content is provided to you AS IS for your information and personal use only. Download presentation by click this link. While downloading, if for some reason you are not able to download a presentation, the publisher may have deleted the file from their server. During download, if you can't get a presentation, the file might be deleted by the publisher.

E N D

Presentation Transcript

  1. Captain Rafiel D. Warfield, USMC Defense Counsel, Legal Team ECHO Military Justice 101

  2. 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

  3. Administrative; NJP • YOUR CHOICE • It’s a process • Three Options • Accept and Plead “G” • Accept and Plead “NG” • Reject

  4. 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

  5. OTH v BCD OTH BCD No educational benefits No medical benefits Criminal conviction • No educational benefits • No medical benefits • No criminal conviction

  6. CRIMINAL Courts Martial

  7. 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

  8. Special Courts Martial • Federal Criminal Conviction • REAL DEAL • Punishments • 12 months confinement • 12 months forfeitures • Reduction to E-1 • Bad Conduct Discharge

  9. General Courts Martial • Federal Criminal Conviction • For real, for real REAL DEAL • Article 32 hearing (grand jury) • Punishments • Depends on the crime

  10. Pre-Trial Agreements • NEGOTIATIONS • Pleas • Maximum punishments • PROVIDENCY • APPELLATE REVIEW/LEAVE

  11. 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.

  12. If you’re given the right to remain silent… exercise the right! Questions?

More Related