Nonjudicial Punishment and the Rights of the Accused MGySgt Dalvin L. Bailey

The purpose of this lesson is to explain the importance for all individuals under the UCMJ to know the “rights of the accused.”

Lesson Objectives Provide definitions of key words related to nonjudicial punishment and the rights of the accused. Explain the purpose of nonjudicial punishment and the circumstances of how it is imposed. Example:

Lesson Objectives Identify the rights listed in an Article 31 warning. Apply information learned about nonjudicial punishment and the rights of the accused to given scenarios. Example:

Key Words _________ - a statement saying that someone has done something wrong ___________ - the state of being forced to stay in a prison or another place which you cannot leave ___________ - questioning someone thoroughly for a long time in order to get some information from them Allegation Confinement Interrogation Example:

Introduction The Uniform Code of Military Justice under Article 31 outlines the rights of the accused. If a member of the armed services is accused of an offense, the UCMJ clearly identifies the steps that must be taken to bring the accused to justice while protecting his/her rights. Example:

Procedure for Handling Offenses It is the policy of the armed forces to handle allegations of offenses in a timely manner. It is also the expectation that the offenses be disposed of at the lowest level possible. Each commander in the chain of command has independent ability to take action on reported offenses within the limits of his/her authority. Example:

Commander’s Options The following are options a commander has to initially dispose of a charge or suspected offense: Take no action on an offense Take administrative action Impose nonjudicial punishment Example: Forward the disposition Refer to court-martial

Nonjudicial Punishment Nonjudicial punishment is often referred to as: __________________, Article 15 punishment, “office hours”, commanding officer’s punishment, and captain's mast. Company punishment Example:

Nonjudicial Punishment In the Marine Corps, the customary name of nonjudicial punishment is __________. Nonjudicial punishments are imposed for acts or omissions that are minor offenses. office hours Example:

Examples of Nonjudicial Punishment When an offender accepts a nonjudicial punishment, there is no need for a court- martial. A court-martial is a federal trial, and conviction could have a lasting impact on the offender’s career, benefits, and future opportunities. Example:

The Rights of the Accused The rights of the accused under the UCMJ are based on the Constitution of the United States. The accused or suspect must be given a warning of his/her rights, under Article 31. To make certain that a suspect does not claim that the warning was delivered improperly, the accused is asked to read and sign a form acknowledging that the warning was given properly. Example:

Who Must Be Warned? Sometimes it is difficult to determine if a person should be warned of his/her rights. Generally, Article 31 prohibits the interrogation or the request for a statement from a suspect without first providing the warning. When a Marine is accused, it generally means that formal charges have been made. Example:

Search and Seizure A search is the act of looking for incriminating evidence. In the military, a search warrant, signed by the commanding officer, is required to search a Marine’s personal property. An apprehension is made when a person is clearly notified that he/she is being taken into custody. Example:

Lesson Question CPS Lesson Question (4) Example:

Closing Question List the 2-3 most important things you learned in this lesson. Why are they important to you? (Use CPS “Pick a Student” for this question.)

Questions

Copyright Information Images in this lesson were taken from: Microsoft© Clip Art Gallery Marine Corps Combat Camera LE1-C3S2T8