Military article proceedings

Article 15 of the Uniform Code of Military Justice allows for a commanding officer to decide the innocence or guilt and administer the punishment to an offender if necessary when a military member gets into trouble for a minor offense that does not require a judicial hearing. Also known as Non-Judicial Punishment, an Article 15 hearing allows for the immediate chain of command of the UCMJ offender to handle in-house the lesser offenses that do not require a trial or break other local or federal regulations.

The military has its own laws and regulations, all of which can be found in the UCMJ. Not every violation of the rules is serious enough to require a legal hearing, so Article 15 provides an alternative to a court-martial, which is a trial with a jury consisting of military officers, warrant officers, or enlisted members depending upon the rank of the accused. The Army and Air Force typically use the term "Article 15 hearing," but the Marines call them "Office Hours," and the Navy refers to them as "Captain's Mast" or "Admiral's Mast," depending on the rank of the member's commanding officer.

An Article 15 hearing is more of a legal proceeding than a trial, and it involves the chain of command with references speaking either for or against the accused. For comparison, an Article 15 hearing is more similar to a misdemeanor court as opposed to a felony court, which would be more comparable to a court-martial.

Non-judicial punishment results from an investigation into unlawful conduct and a subsequent hearing to determine whether and to what extent an accused should be punished.

Generally, when a complaint is filed with the commanding officer of an accused or if that commander receives a report of investigation from a military law enforcement sourcethat commander is obligated to make an inquiry to determine the truth of the matter. A military member facing an Article 15 hearing has the right to request a full court-martial. However, this carries the risk of more severe penalties if found guilty. Except in the case of a person attached to or embarked in a vessel, an accused may demand a trial by court-martial in lieu of an Article The commanding officer has several options for determining punishment, but none of them may be severe.

Limits to punishments can vary based on the rank of the commanding officer and the rank of the accused. Restrictions to correctional custody, base, or other specified limits typically may last no longer than 30 days, and rank may be reduced no more than one grade. Pay typically can be reduced by no more than half for two consecutive months.

Commanding officers also have the discretion to suspend punishments for up to one year. Effectively, this means the punishment is not carried out unless the accused fails to meet the terms of the suspended sentence. Punishment also may include extra duties as long as they pose no danger and are not demeaning relative to the individual's rank.

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A military member can appeal any punishment that results from an Article 15 hearing in writing to the next highest superior authority. Appeals should be submitted in writing within five days of the Article 15 ruling.

House of Representatives. Manual for Courts-Martial United States Accessed July 25, Army U. Air Force U. Marines U. Full Bio Follow Twitter. Stew Smith is the U.

Unlawful command influence

Read The Balance's editorial policies.As part of the military command structure, courts martial proceedings do not have the same procedural safeguards of civilian courts. These same attributes of military tribunals made the extension of their power to civilians controversial, and an Supreme Court decision held military tribunals could not try civilians where Article III courts were in operation.

During the second half of the twentieth century, Congress revised the composition and makeup of the military justice system to increase procedural safeguards without altering the distinctive character of the courts.

This court consisted of three judges five under the current statutory scheme appointed from civil life by the President of the United States by and with the advice and consent of the Senate to fifteen year terms. No more than two of the three judges could be affiliated with the same political party. Similarly, in Congress required military judges to preside over general courts martial and required the Judge Advocate General of each service to establish a Court of Military Review.

Choctaw and Chickasaw Citizenship Court. Commerce Court. Court of Appeals of the District of Columbia. Court of Claims. Court of Private Land Claims.

Courts of the District of Columbia. Emergency Court of Appeals.

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Executive Agency Courts. Military Courts. Mixed Slave-Trade Courts. Special Railroad Court. Supreme Court of the District of Columbia. Temporary Emergency Court of Appeals.

military article proceedings

Territorial Courts. Bankruptcy Courts. Court for China. Court of Appeals for Veterans Claims. Court of Customs and Patent Appeals.

Court of Federal Claims. Court of International Trade. Courts for the Indian Territory.The full code is available to consult online in detail.

military article proceedings

Here is an index of its chapters, with links or explanations and in-depth exploration of the most popular queries about the UCMJ. Apprehension is defined as the taking of a person into custody. Authorized personnel can apprehend persons if they have a reasonable belief that an offense has been committed by the person they are apprehending. This article also allows commissioned officers, warrant officers, petty officers, and noncommissioned officers to quell quarrels, frays and disorders.

This short article protects military personnel from punishment before a trial, other than arrest or confinement. This article regulates what a commanding officer may do to hear of offenses committed by those under his or her command and impose a punishment. More: Article This article provides protection for military personnel against being required to provide self-incriminating evidence, statements or testimony. Personnel must be informed of the nature of the accusation and advised of their rights before interrogation, similar to civilian Miranda rights.

They can't be compelled to make a statement that could be degrading if it is not material to the case.

Any statements or evidence obtained in violation of Article 31 cannot be received into evidence against the person in a trial by court-martial.

Article 15

This article spells out the purpose, limits and manner of investigations leading to charges and referrals to trial by court-martial. An investigation must be done to determine whether charges are truthful and to recommend what charges should be brought.

The accused can cross-examine witnesses and request his own witnesses for examination. The accused has the right to see the statement of the substance of the testimony from both sides if it is forwarded. If the investigation was conducted before charges were brought, the accused has the right to demand further investigation and can recall witnesses for cross-examination and bring new evidence.

This article allows for the military judge to call the court into sessions without the presence of members for specific purposes. These include hearing and determining motions, defenses and objections, holding arraignment and receiving pleas, and other procedural functions.

The proceedings are part of the record and attended by the accused, defense counsel and trial counsel. Further, during deliberations and voting, only the members may be present.

All other proceedings must be conducted in the presence of the accused, defense counsel, trial counsel and the military judge. This article sets out the statute of limitations for various levels of offense. There is no time limitation for any offense punishable by death, including absence without leave or missing movement in time of war. A general rule is a limit of five years from when the offense was committed until charges are brought.

The limit for offenses under section Article 15 is two years before the imposition of punishment. Time spent fleeing from justice or eluding the authority of the United States is excluded from the limitation period. Time periods are adjusted for times of war. More: Military Statute of Limitations. This article outlines the serious offense of desertion, which is punishable death if it is committed in time of war.

More: Article 85 - Desertion. This article reads, "Any person subject to this chapter who through neglect or design misses the movement of a ship, aircraft, or unit with which he is required in the course of duty to move shall be punished as a court-martial may direct.

This article allows court-martial for any warrant officer or enlisted member who assaults, willfully disobeys a lawful order from, or treats with contempt verbally or in deportment a warrant officer, petty officer or non-commissioned officer while the officer is in execution of his office.Unlawful command influence UCI is a legal concept within American military law.

UCI occurs when a person bearing "the mantle of command authority" [1] uses or appears to use that authority to influence the outcome of military judicial proceedings.

Military commanders typically exert significant control over their units, but under the Uniform Code of Military Justice UCMJ a commander must take a detached, quasi-judicial stance towards certain disciplinary proceedings such as a court-martial.

Outside of certain formal actions authorized by the UCMJ, [2] a commander using their authority to influence the outcome of a court-martial commits UCI. If UCI has occurred, the results of a court-martial may be legally challenged and in some cases overturned.

During World War IImass mobilization resulted in an unprecedented proportion of the US population serving in the armed forces. Over 2 million courts-martial were performed under the then-governing Articles of War[3] and large portion of the population was exposed to military justice.

The reaction was not positive. The public and Congress perceived the Articles of War to grant too much authority to commanders, with harsh and arbitrary results. Under the new system, commanders retain significant formal powers over the military justice system. They refer charges to courts-martial, choose from among their subordinates to be members of the panel the juryand in some cases can overturn guilty verdicts and authorize or waive entirely punishment adjudged at trial. However, courts-martial are now presided over by military judges, and commanders are specifically directed to remain detached from the proceedings through Article 37 of the UCMJ.

Article 37 of the UCMJ is the statutory basis for unlawful command influence. It states, in part:. Courts have devised a complex test to sift cases for UCI. First, courts require that the defense produce some evidence to support an allegation of UCI. The government could show 1 the underlying facts did not occur, 2 the facts do not constitute improper influence, or 3 if there was UCI, it did not prejudice the defendant.

There are numerous ways that a commander exerts authority, both specifically within the military justice process and over subordinates generally. Each method of asserting authority yields a new way of improperly influencing a judicial proceeding. A commander the convening authority chooses the panel the military analogue to a jury. The commander is supposed to make his selection according to neutral factors [10] to ensure that the accused has a "fair and impartial panel" [11] A convening authority commits UCI if he or she, with intent to influence the outcome of the trial, "stacks" the panel through excluding or including members.

The "inherent power and influence of command" [13] creates numerous avenues for unlawful command influence. Much more likely is an intervention by the military judiciary.

US proceeding with troop cuts in Afghanistan: top general

Trial and appeals courts have a full gamut of remedies available. For instance, if UCI in the form of prejudicial statements by a commander is discovered during trial, the trial judge may act to "cure" the UCI simply by polling the members of the panel to determine if they had heard the statements or would be influenced by them. A trial judge may direct that a commander must issue a clarifying statement or retraction.The US military is proceeding with President Donald Trump's order to slash troops in Afghanistan to 2, by mid-January, the Pentagon's top general said Wednesday, calling the situation on the ground a "strategic stalemate.

Joint Chiefs Chairman General Mark Milley, who earlier appeared opposed to cuts on the estimated 4, US troops currently there, said the United States had been successful "to a large measure" at its original goal of hitting Al-Qaeda after the September 11, attacks.

The US went to Afghanistan inhe said, "to ensure that Afghanistan never again became a platform for terrorists to strike against the United States. Milley said it has been clear for the past five to seven years that the situation on the ground has been a strategic stalemate, with neither Afghan government forces or Taliban insurgents able to defeat the other. The only way that war could come to an end -- in a way that is aligned with US security needs -- he said, was through a negotiated settlement between Kabul and the Taliban.

With negotiations on a peace deal underway in Doha, he said, the Trump administration has decided to cut US troop levels -- which were at about 13, a year ago -- to 2, by January At that level, he said, the US will hold "a couple" main bases and several smaller satellite bases in the country.

military article proceedings

In early November, Trump fired defense secretary Mark Esper, who had resisted accelerating a troop withdrawal schedule, and replaced him with White House aide Chris Miller, who backs the drawdown plans. Gaza has recorded just over 29, COVID cases since the pandemic began, but it is now averaging about 1, new cases a day, driving that total figure up rapidly. Raphael Warnock is a testament to all it has accomplished in recent years.

Biden was the first Democrat to win the state sinceand now there's a chance to send two party members to the Senate from a state that had been solidly Republican for decades. Secretary of State Mike Pompeo found out what happens when you send out invitations to an indoor holiday party during a pandemic that has killed at leastAmericans: not that many people show up. The Tuesday event for the families of diplomats in high-risk locations was hosted by Pompeo and his wife, Susan, in Washington, D.

As of Monday night, only about 70 people had accepted their invitations, and even fewer showed up, two U. Pompeo had been scheduled to speak, but canceled his address and had someone else deliver a message in his place, the Post reports. Government health officials have urged people not to attend indoor gatherings amid the pandemic, and several lawmakers and the American Foreign Service Association, a nonpartisan union representing diplomats, asked Pompeo to cancel the party over concerns it would be a super-spreader event.

military article proceedings

The State Department had said masks would be required and social distancing enforced; photos obtained by the Post show a masked Santa greeting children, with maskless people sitting down to eat around him. One woman, the wife of a diplomat now overseas, told the Post she RSVPed no on her invitation over worries that if she became sick, there wouldn't be anyone to take care of her children.

More stories from theweek. Discover the top tomes for every interest—from fashion to design to travel—that our editors loved this yearOriginally Appeared on Architectural Digest. Mitch McConnell is terrible. He rejected that," O'Malley Dillon said.

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Negotiations have been deadlocked since the summer, and Majority Leader McConnell said on Tuesday that the Senate would not recess for Christmas until a deal is reached. A Taliban delegation will arrive in Pakistan's capital on Wednesday for a three-day visit, according to official statements, as both sides in the Afghan peace process continue consultations during a break in negotiations.

The Taliban delegation, led by the militant group's top political leader Mullah Abdul Ghani Baradar, is set to meet Pakistan Prime Minister Imran Khan and the foreign minister during the visit, according to a Pakistan foreign office statement. Two Taliban political sources in Doha told Reuters they would also hold a meeting in Pakistan among their leadership.

The comment seemingly backs up an earlier report from The New York Times, in which anonymous sources familiar with the matter said the same thing. The Trump administration this summer reportedly turned down an offer to expand on the initial order to buy more than million vaccine doses, and Pfizer went on to strike agreements with other governments, including the European Union.

That raised some questions stateside, though it seems the administration was hedging its bets since several other vaccine candidates have appeared promising, as well. Read more at Politico. The grisly incident happened in the Central Mexican state of Guanajuato.Sacha Pfeiffer. The original military courtroom at the U.

The coronavirus has not spared the U. The U. In addition, the facility is subject to health safety measures such as social distancing and the mandatory wearing of masks and gloves when near prisoners. Among them were the judge in the Sept. Shane Cohen, who left in April after announcing he was taking early retirement after less than a year on the job, and the head of the military court, Christian Reismeier, who moved to a different court role after being in his position for less than a year.

Two of the lead attorneys for the Sept. All of that leaves the Sept. She, too, said the shutdown caused by the pandemic and the recent personnel departures present an ideal moment to question business as usual at the military court. This is never-ending, so why not really shake things up?

However, the U. Accessibility links Skip to main content Keyboard shortcuts for audio player. NPR Shop. Now the pandemic has brought court proceedings to a halt. Facebook Twitter Flipboard Email. May 22, AM ET. Heard on Morning Edition. Enlarge this image.In contrast to formal courts-martial, Article 15 procedures in the U. These are the most common type of disciplinary proceeding in the armed forces and are usually limited to minor violations.

A more serious offense will be handled through a formal court-martial. If a service member does not want to accept Article 15 penalties, they can request a court-martial, but this may result in more severe consequences. A service member should discuss the pros and cons of going to a court-martial with an attorney.

Read more here about courts-martial. Technically, imposing penalties under Article 15 in the Army and the Air Force requires proof of a violation beyond a reasonable doubt. Imposing penalties under Article 15 in the Navy and the Marines, by contrast, requires clear and convincing proof, which is a lesser standard. In reality, commanders often do not carefully consider the meaning of various standards of proof in imposing penalties.

A military service member may be able to have their record of an Article 15 violation removed if they do not commit any more violations for a certain time. This might be two years if the Article 15 was filed at the Judge Attorney General office on a military base. Otherwise, an Article 15 violation can affect their future access to security clearances, as well as their chances of obtaining a promotion or certain types of assignments.

Sometimes getting a promotion can wipe out a record of an Article 15 violation as well.

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If you were arrested during the events that resulted in Article 15 penalties, you may face consequences in your civilian life. This is because arrests may be reported to the FBI. You can ask your commander to help you ask the FBI to remove the record of your arrest, or you can submit a request under privacy laws.

As noted above, Article 15 does not result in a criminal record, so you should not face the same types of obstacles that people with convictions in a civilian court often face. An Article 15 case may be referred to a less formal type of court-martial, known as a summary court-martial. If you do not want your case to be decided at a summary court-martial, you have the right to refuse it. You do not have a right to a free military defense attorney in a summary court-martial, as you would in other types of courts-martial, but you can hire a civilian defense attorney if you choose.

You can see the evidence against you before the proceedings begin, as well as the nature of your charge and the names of your accuser and prosecution witnesses. You can ask for a spokesperson or other service members to speak on your behalf.

However, a single officer will evaluate the evidence and make a decision.

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They will question both the accuser and the accused about their version of events, and they can ask for legal advice from a judge advocate if needed.

Military service members have a limited set of rights at a summary court-martial. They will be allowed to present witnesses and evidence, and they are free to remain silent without an inference of their guilt. They have a right to know the maximum possible sentence before the proceedings begin, and they can plead guilty or not guilty. They also have a right to make a statement or present further evidence to support a reduction in their penalties if they are found guilty.

They can ask to defer any part of their sentence that involves confinement. They have a right to appeal if they are found guilty, using a copy of the trial record.

The Military Rules of Evidence apply in these proceedings, so there are limits on the admissibility of evidence that are similar to the limits in civilian courts. Last updated June Military Law Contents.

Impact of Article 15 A military service member may be able to have their record of an Article 15 violation removed if they do not commit any more violations for a certain time.

Military Courts

Summary Courts-Martial An Article 15 case may be referred to a less formal type of court-martial, known as a summary court-martial. Military Law. Military Criminal Justice System. Article

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