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This is a fully searchable PDF version of the new 2005 Manual for Court
Martial.
Downloads
PDF - Word Cut & Paste
Downloads
PDF - Word Cut & Paste
An Article 32 Investigation is a prerequisite to trial by general court-martial
and if used effectively can be one of the most important tools a defense
attorney has in his to defend the client. However, to utilize the Article
32 Investigation to your client’s advantage the defense counsel
must know the rules and prepare in advance.
Many clients face restraints on their liberty such
as restriction as well as actual pretrial confinement. Often commanders
abuse their authority and many times defense counsel overlook or waive
motions for sentence credit.If you or anyone you know
are being held in pretrial restraint or pretrial confinement, you
should notify a lawyer experienced
in military court martial defense. This can be either your civilian
defense attorney or your military trial defense attorney (TDS).
:
An
Article 15 is considered non-judicial punishment and it is not
considered a judicial proceeding. Non-judicial punishment is
a military
justice option available to commanders. It permits commanders
to resolve allegations of minor misconduct against a soldier without
resorting to higher forms of discipline, such as a court-martial.
A soldier may, however, refuse to accept the Article 15 and instead
demand
trial by court-martial.
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