Mandatory Supervised release Prisoners not granted parole prior to Minimum Release Date can be ordered All cases except where Clemency & Parole Boards say would be inappropriate and Conditions in release plan (CAAF, 2007) US v. Pena (CAAF, 2007) US v. Pena Said that the restraints were to troublesome List of things he cant do focuses on how he cant afford it – No choice in the matter, otherwise charged with violation of lawful Jurisdiction Says it was OK They have the authority to look at sentencing Punishment Is not cruel and unusual Was on notice that this program was there Not an increase in his punishment ends on the same date that he – have gotten out anyways In to win on that has to show actual bills – Difference in civilian It is included in their sentence in the fed cts Service Clemency and Parole Boards Compositions Senior civil employees and field grade officers Paroles must have at least yr confinement and punitive discharge – 1 yr to 20 yr sentence reviewed 9 months after confined, then annually May waive consideration If sentence is 12 months 20 years, 1/3 sentence; 30 yrs to life, 10 yrs of parole – time, life 20 yrs of parole time SUBSTANTIVE MILITARY CRIMINAL LAW Military Crimes in General Overview of Punitive Articles Articles 77-134 Substantive criminal offenses Some criminalize conduct particularly important to the military Includes elements of the offense Pros must prove beyond a RD Article 134, the General Article and Federal Assimilative Crimes Act Article 134 Terminal Elements (3 bases for Criminal Liability) – Conduct prejudicial to good order and discipline Directly and palpably prejudicial Type of evidence Bring on people who are in his unit Conduct of a nature to bring discredit upon the armed forces Must have a tendency to bring the Service into disrepute or tend to lower public esteem Must be open and notorious Type of evidence bring on non-military
Mandatory Supervised release Prisoners not granted parole prior to Minimum Release Date can be ordered All cases except where Clemency & Parole Boards say would be inappropriate and Conditions in release plan US v. Pena (CAAF, 2007) US v. Pena (CAAF, 2007) Said that the restraints were to troublesome List of things he cant do – focuses on how he cant afford it No choice in the matter, otherwise charged with violation of lawful Jurisdiction Says it was OK They have the authority to look at sentencing Punishment Is not cruel and unusual Was on notice that this program was there Not an increase in his punishment – ends on the same date that he have gotten out anyways In to win on that – has to show actual bills Difference in civilian It is included in their sentence in the fed cts Service Clemency and Parole Boards Compositions Senior civil employees and field grade officers Paroles – must have at least yr confinement and punitive discharge 1 yr to 20 yr sentence reviewed 9 months after confined, then annually May waive consideration If sentence is 12 months – 20 years, 1/3 sentence; 30 yrs to life, 10 yrs of parole time, life 20 yrs of parole time SUBSTANTIVE MILITARY CRIMINAL LAW Military Crimes in General Overview of Punitive Articles Articles 77-134 Substantive criminal offenses Some criminalize conduct particularly important to the military Includes elements of the offense Pros must prove beyond a RD Article 134, the General Article and Federal Assimilative Crimes Act Article 134 – Terminal Elements (3 bases for Criminal Liability) Conduct prejudicial to good order and discipline Directly and palpably prejudicial Type of evidence Bring on people who are in his unit Conduct of a nature to bring discredit upon the armed forces Must have a tendency to bring the Service into disrepute or tend to lower public esteem Must be open and notorious Type of evidence bring on non-military
Schenck_MilJustice_Fall_2011.docx