Court Martial Lawyer - Military Defense Attorney

Court Martial Trial Procedures In The Military

Court Martial Trial Procedures

Court Martial Military Lawyer

The rules and procedures in court martial are very similar to those in civilian courts. The following discusses some of those similarities and points out some of the differences.

Pretrial Conferences at a court martial (“Meeting in Chambers”).

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As in many civilian courts, a legally trained judge presides over most courts‑martial. The "military judge" may hold informal conferences to coordinate aspects of the trial. These are similar to conferences a civilian judge might have "in chambers." Under the military rules, "RCM 802 conferences" may be in person, or by phone, but may not be used to resolve contested issues. Contested procedural or legal issues must be resolved in court, on the record.

Pretrial Hearings. The military judge usually settles contested legal or procedural issues under Article 39(a), of the Uniform Code of Military Justice, which allows him to conduct hearings for that purpose. Called "Article 39(a) sessions," the military judge may hear witnesses, take other evidence, and hear arguments, just as a civilian judge would during "motion hearings" in a civilian case. These sessions and most other proceedings of courts‑martial are open to the public. As in civilian cases, Article 39(a) sessions take place outside the presence of the "court‑martial members" who serve as the jury in military cases.

Arraignment. One of the first "Article 39(a) sessions" in a military case is typically "arraignment." Just as in civilian cases, the accused servicemember is informed of the charges against him and offered an opportunity to make a plea (i.e., "guilty" or "not guilty"). If the servicemember intends to plead guilty, before a formal plea may be accepted the military judge must ensure that the servicemember understands what he is doing and is acting voluntarily. This is called a "providency inquiry." Civilian judges have the same requirement, although the military inquiry is typically more extensive and fact-specific regarding the offenses.

The Court Member Panel. Similar to civilian juries, court‑martial members are officers or enlisted persons from the same community or command (“jury of peers”) as the servicemember on trial. In civilian communities, serving on a court martial jury is a duty of citizenship, and local court officials will "summon" citizens to serve as jurors. In the military, the commander assigns members to serve as jurors, and that becomes their primary military duty.

Call a court martial attorney and military lawyer if you are accused of a military offense.

Court Martial Lawyer - Accessory After the Fact UCMJ Article 78

Court Martial Lawyer - Accessory After the Fact UCMJ Article 78

a. MAXIMUM PUNISHMENT: Maximum authorized for principal offense, but not death, no more than 1/
2 confinement authorized for principal offense, and not more than 10 years.
b. MODEL SPECIFICATION:
I n t h a t _ ( p e r s o n a l j u r i s d i c t i o n d a t a ) , k n o w i n g t h a t ( a t / o n b o a r d — l o c a t i o n ) , o n o r a b o u t
__________, __________ had committed an offense punishable by the Uniform Code of Military Justice,
to wit: __________, did, (at/on board—location) on or about __________, in order to (hinder) (prevent) the
( a p p r e h e n s i o n ) ( t r i a l ) ( p u n i s h m e n t ) o f t h e s a i d _ , ( r e c e i v e ) ( c o m f o r t ) ( a s s i s t ) t h e s a i d
__________ by __________.
c. ELEMENTS:
(1) That (state the alleged offense), an offense punishable by the
Uniform Code of Military Justice, was committed by (state the name of
the principal) at (state the time and place alleged);
(2) That the accused knew that (state the name of the principal) had
committed such offense;
(3) That the accused thereafter (state the time and place alleged)
(received) (comforted) (assisted) (state the name of the principal) by
(state the manner alleged); and
(4) That the accused (received) (comforted) (assisted) (state the name
of the principal) in order to (hinder) (prevent) (his) (her) (apprehension)
(trial) (punishment).
d. DEFINITIONS AND OTHER INSTRUCTIONS:
The accused may be found guilty as an accessory after the fact only if,
i n a d d i t i o n t o a l l o t h e r e l e m e n t s o f t h e o f f e n s e , y o u a r e s a t i s f i e d
beyond a reasonable doubt that:
NOTE 1: Elements of principal’s offense. Here, the members must be instructed on the
elements of the offense allegedly committed by the principal. The instructions given should
be those setting forth the elements of the pertinent offense and should be carefully tailored
to include such factors as value, amount, or other essential ingredients which might affect
the maximum punishment.
NOTE 2: Principal offense housebreaking or burglary. In cases in which the offense alleged
to have been committed by the principal is burglary or housebreaking, the members should
be advised as to the relevant elements of the particular offense or offenses which the
158 DA PAM 27–9 • 15 September 2002
ARTICLE 78
evidence indicates the principal may have intended to commit inside the house, building, or
structure involved.
N O T E 3 : M a x i m u m p u n i s h m e n t f o r p r i n c i p a l o f f e n s e a f f e c t e d b y v a l u e . I f t h e o f f e n s e
c o m m i t t e d b y t h e p r i n c i p a l i s o n e f o r w h i c h t h e m a x i m u m p u n i s h m e n t i s g r a d u a t e d
according to the value of the property, damage, or amount involved, and if the allegations
and evidence will support a finding as to specific value, damage, or amount, the element(s)
of the instruction should be phrased so as to set out that value, damage, or amount. For
example, if the offense committed by the principal is larceny, element 1 of the instruction
should state: “That larceny, an offense punishable by the Uniform Code of Military Justice,
of property of a value of (state the value alleged) was committed by (state the name of the
principal) at (state the time and place alleged).” Offenses other than larceny and wrongful
appropriation which require similar modification of the instruction include: simple arson
( A r t i c l e 1 2 6 ) , f r a u d a g a i n s t t h e U n i t e d S t a t e s ( A r t i c l e 1 3 2 ) , k n o w i n g l y r e c e i v i n g s t o l e n
property (Article 134), and other offenses in violation of Articles 103, 10 8, 109, and 123a.
When value, damage or amount is in issue an instruction in accordance with Instruction 7-
16, Value, Damage, or Amount, should be given.
NOTE 4: Conviction of the principal not required. Conviction of the principal of the offense
to which the accused is allegedly an accessory after the fact is not a prerequisite to the trial
of the accused. Furthermore, evidence of the acquittal or conviction of the principal in a
separate trial is not admissible to show that the principal did or did not commit the offense.
Sex Assault Court Martial Lawyer

TITLE 10 - CHAPTER 47 - SUBCHAPTER I - § 801 - UCMJ Definitions

TITLE 10 > Subtitle A > PART II > CHAPTER 47 > SUBCHAPTER I > § 801

§ 801. Article 1. Definitions

In this chapter:
(1) The term “Judge Advocate General” means, severally, the Judge Advocates General of the Army, Navy, and Air Force and, except when the Coast Guard is operating as a service in the Navy, an official designated to serve as Judge Advocate General of the Coast Guard by the Secretary of Homeland Security.
(2) The Navy, the Marine Corps, and the Coast Guard when it is operating as a service in the Navy, shall be considered as one armed force.
(3) The term “commanding officer” includes only commissioned officers.
(4) The term “officer in charge” means a member of the Navy, the Marine Corps, or the Coast Guard designated as such by appropriate authority.
(5) The term “superior commissioned officer” means a commissioned officer superior in rank or command.
(6) The term “cadet” means a cadet of the United States Military Academy, the United States Air Force Academy, or the United States Coast Guard Academy.
(7) The term “midshipman” means a midshipman of the United States Naval Academy and any other midshipman on active duty in the naval service.
(8) The term “military” refers to any or all of the armed forces.
(9) The term “accuser” means a person who signs and swears to charges, any person who directs that charges nominally be signed and sworn to by another, and any other person who has an interest other than an official interest in the prosecution of the accused.
(10) The term “military judge” means an official of a general or special court-martial detailed in accordance with section 826 of this title (article 26).
[(11) Repealed. Pub. L. 109–241, title II, § 218(a)(1), July 11, 2006, 120 Stat. 526.]
(12) The term “legal officer” means any commissioned officer of the Navy, Marine Corps, or Coast Guard designated to perform legal duties for a command.
(13) The term “judge advocate” means—
(A) an officer of the Judge Advocate General’s Corps of the Army or the Navy;
(B) an officer of the Air Force or the Marine Corps who is designated as a judge advocate; or
(C) a commissioned officer of the Coast Guard designated for special duty (law).
(14) The term “record”, when used in connection with the proceedings of a court-martial, means—
(A) an official written transcript, written summary, or other writing relating to the proceedings; or
(B) an official audiotape, videotape, or similar material from which sound, or sound and visual images, depicting the proceedings may be reproduced.
(15) The term “classified information” means
(A) any information or material that has been determined by an official of the United States pursuant to law, an Executive order, or regulation to require protection against unauthorized disclosure for reasons of national security, and
(B) any restricted data, as defined in section 11(y) of the Atomic Energy Act of 1954 (42 U.S.C. 2014 (y)).
(16) The term “national security” means the national defense and foreign relations of the United States.