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Limitations.bestmilitarydefenseucmjdefenselawyer109

  1. Double punishment prohibited.
    1. Once Article 15 imposed, cannot impose another Article 15 for same offense or substantially same misconduct. MCM pt. V, para. 1f(1); AR 27-10, para. 3-10.
    2. Commanders need to bring all known offenses that are determined to be appropriate for disposition by NJP and that are ready to be considered at that time. This includes all offenses arising from a single incident or course of conduct. MCM pt. V, para. 1f(3); AR 27-10, para. 3-10.
    3. What happens if the Soldier commits offense X on day 1, offense Y on day two, and offense Z on day ten, all of which are minor for NJP purposes; the command knows about offense X when it gives an Article 15 for offense Y (putting the Soldier on extra duty and restriction); and later refers charges on offenses X and Z? The defense files a motion to dismiss X under R.C.M. 907(b)(2)(D)(iv), arguing that it should have been brought to an Article 15 at the same time as offense Y, and the accused is therefore facing multiple punishments. Should the military judge grant the motion?
  2. Statute of limitations. Except as provided Art. 43(d), UCMJ, NJP may not be used for offenses which were committed more than 2 years before the date of imposition. MCM pt. V, para. 1f(4); AR 27-10, para. 3-12.
  3. Civilian courts. NJP may not be used for an offense that has been tried by a federal court. NJP may not be used for an offense that has been tried by a state court unless AR 27-10, ch. 4 has been complied with. MCM pt. V, para. 1f(5).
  4. NJP should not be used when it is clear that only a court-martial will meet the needs of justice and discipline. MCM pt. V, para. 1d(1).

Double punishment prohibited.

Statute of limitations.