Category: Pre-Trial Procedures

Soldier Suspected of Murder Arrested

A Fort Hood soldier was recently taken into custody when he was connected with the murder of a 30-year-old woman in Texas. He was arrested early Thursday morning after an officer who was looking for stolen cars discovered his vehicle and realized that it was on his list of stolen cars. The car had a […]

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Victim Advocate-Victim Privilege (MRE 514) New Privilege to Look Out For

According to the new MCM, alleged victims have been given new privileges under Military Rule of Evidence 514. The rule states that victims may refuse to disclose confidential communication made between the victim and his/her advocate. The rule applies to cases arising under the UCMJ and also allows the alleged victim to prevent others from […]

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New Manual for Courts-Martial 2012 edition

Recently, a new edition of the Manual for Courts Martial has been released. The new edition incorporates all the changes made by Congress to the Manual in the National Defense Authorization Act of 2009, 2010, 2011 and 2012. Many of the changes come in response to the new caselaw addressing various parts of the Manual. […]

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Did You Really Do It? RCM 706 – Sanity Board

Rule of Court Martial 706 allows military defense attorneys to request a mental examination of their client to determine whether the he or she lacked mental responsibility at the time of the alleged acts. For example, in the upcoming case of United States v. Staff Sergeant Robert Bales , the sanity board request will be extremely important. If […]

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Administrative Discharges (Chapter 10) In Lieu of Court Martial

Each Military Service allows Servicemembers to administratively separate instead of going through a court-martial. For example, Army Regulation 635-200, Chapter 10, allows Soldiers to administratively separate in lieu of a court-martial by admitting to at least one charge. This is a quick and expedient way to leave one’s Military Service while pending UCMJ charges. The process […]

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Protect Yourself Against Unlawful Command Influence

Protect Yourself Against Unlawful Command Influence Unlawful Command Influence (UCI) is one of the more subtle and difficult to prove violations of the Uniform Code of Military Justice. Only experienced military law practitioners stop it and are able to obtain proper relief. Considering that UCI is difficult to prove, often it takes an extra effort […]

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Article 32(b), UCMJ Investigation – It is your right – Use It To Your Benefit

Article 32, UCMJ, states that no specification or charge against a Servicemember may be referred to a General Court Martial for trial until a thorough and impartial investigation has taken place. Rule for Court Martial 405 (f) states that each Servicemember is entitled to the following rights flowing from the right to an Article 32, […]

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