Argued that was UCI bc copies of his confession was sent to his unit and he was made an example of Claimed it gave him a lack of good moral character influence IF commanders must address crime within a unit they are reminded to talk about the offense, rather than the offender, and the process, rather than the result.” was UCI, but ct stated that the judge took precautions to make sure he got a fair trial No evidence that any witness was deterred from testifying, and those that did testify, testified favorably about the accused. May Not Do Order a subordinate to handle a case in a certain way Have an inflexible policy Be accuser and Select or remove members to get a particular result at trial Place outside pressures on the judge or members (CAAF, 2001) US v. Baldwin Commanding Authority exercised UCI over the proceedings by requiring the court members, in the middle of the trial, to attend an officer professional development program where punishments for Officer Court-Martial “appropriate” Defendants were discussed. Intimidate or discourage witnesses Punish an accused before trial Have an inflexible attitude towards clemency Have subordinates/staff who do Personally dispose of a case within CA’s authority or a subordinate Send a case to subordinate without a recommendation Forward a case to a superior w/ a recommendation Pull a case up a CM on a case after lower Cdr gives an A. 15 Withdraw & withhold a case or types of cases (e.g., NCOs, Officers) Relief for UCI Trial-Level Relief Tailored by MJ Dismiss w/ or w/o prejudice CA clemency Appellate-Level Relief Dubay post-trial hearing Dismiss sentence = sentence rehearing Dismiss findings and sentence to another convening authority or total – dismissal Judge Advocate Professional Responsibility Separate Military Lawyers for the Prosecution and the Accused Government & Defense, the Lawyer-Client Relationship UCMJ, Article 27(b) Qualified and Certified Graduate of an accredited law school or is a member of the bar of a Fed Ct r the highest court of a State Certified as competent to perform such duties by the Judge Advocate General of the armed force of which he is a member Regulations Member of a bar in good standing –
Argued that was UCI bc copies of his confession was sent to his unit and he was made an example of Claimed it gave him a lack of good moral character influence IF commanders must address crime within a unit they are reminded to talk about the offense, rather than the offender, and the process, rather than the result.” was UCI, but ct stated that the judge took precautions to make sure he got a fair trial No evidence that any witness was deterred from testifying, and those that did testify, testified favorably about the accused. May Not Do Order a subordinate to handle a case in a certain way Have an inflexible policy Be accuser and Select or remove members to get a particular result at trial Place outside pressures on the judge or members US v. Baldwin (CAAF, 2001) Commanding Authority exercised UCI over the proceedings by requiring the court members, in the middle of the trial, to attend an officer professional development program where “appropriate” punishments for Officer Court-Martial Defendants were discussed. Intimidate or discourage witnesses Punish an accused before trial Have an inflexible attitude towards clemency Have subordinates/staff who do Personally dispose of a case within CA’s authority or a subordinate Send a case to subordinate without a recommendation Forward a case to a superior w/ a recommendation Pull a case up a CM on a case after lower Cdr gives an A. 15 Withdraw & withhold a case or types of cases (e.g., NCOs, Officers) Relief for UCI Trial-Level Relief Tailored by MJ Dismiss w/ or w/o prejudice CA clemency Appellate-Level Relief Dubay post-trial hearing Dismiss sentence = sentence rehearing Dismiss findings and sentence – to another convening authority or total dismissal Judge Advocate Professional Responsibility Separate Military Lawyers for the Prosecution and the Accused Government & Defense, the Lawyer-Client Relationship UCMJ, Article 27(b) Qualified and Certified Graduate of an accredited law school or is a member of the bar of a Fed Ct r the highest court of a State Certified as competent to perform such duties by the Judge Advocate General of the armed force of which he is a member Regulations – Member of a bar in good standing
Schenck_MilJustice_Fall_2011.docx