Pretrial Restraint & Pretrial Confinement in the Military
Overview of Pretrial Restraint & Pretrial Confinement in the Military:
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When may a person be restrained?
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Types of pretrial restraint
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Who may order confinement?
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Pretrial confinement
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Advice to the accused upon confinement and request of military counsel
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48 hour review
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Commander’s 72 hour review
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7 day review (Military Magistrate Program)
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Military Judge review
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Sentence credit for pretrial confinement
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Allen credit
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Mason credit
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R.C.M. 305(k) credit
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Credit for violations of Article 13: Unduly harsh circumstances and pretrial punishment
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Applying sentence credits
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Litigating issues related to pretrial confinement