Download presentation
Presentation is loading. Please wait.
Published byQuentin Cunningham Modified over 9 years ago
1
Military Law – Week 7 Jay Canham Unlawful Command Influence
2
Definition: The impermissible involvement by the Convening Authority or command representatives in the military justice process. If unlawful Command Influence exists, the findings and sentence of a court may be invalidated.
3
Unlawful Command Influence must not exist Military Justice is the fair and impartial evaluation of probative facts by a judge or court members; and Nothing but legal and competent evidence presented in court can be allowed to influence the judge or court members.
4
Preventing Unlawful Command Influence: Statutory Prohibitions 1)Statutory Guidelines: a.The Command may not interfere with the duties of: The Military Judge, Court Members and Trial Counsel & Defense Counsel; b.The impartiality of the judicial system must be maintained: Independent Judiciary; Independent Defense Counsel Chain of Command.
5
Unlawful Command Influence Looking for unlawful Command Relationship Type of Contact: What was said or written: Was it informational or directory? Concern regulations, CO Memorandums or lecture? Who made the contact: MJ, Counsel, SJA, CA, TC or higher Authority? Who was contacted: Only court-members, Officers of the command, Military Judge?
6
Unlawful Command Influence Looking for unlawful Command Relationship The timing of the contact: Immediately before, during or after a trial…or was it unrelated to the trial? Prejudice to the Accused: Was there a reasonable likelihood of prejudice to the accused at his trial?
7
Unlawful Command Influence Problems Areas in Command Relationship General Informational Lectures/Policy directives given to future witnesses/members! Command contact of defense witnesses! Communication with the Military Judge!
8
A Pretrial Agreement This is a written agreement between the accused and the Convening Authority whereby each agrees to take or refrain from taking certain acts regarding the trial by court-martial.
9
Characteristics of the Pretrial Agreement Negotiations: Normally between counsel, can be initiated by anyone. Acceptance of the Agreement: At the discretion of the Convening Authority (CA). Withdrawal from the agreement: By the Accused: At any time! By the CA: At any time prior to the accused acting in reliance on the agreement. Upon the Accused failing to adhere to the terms If the judge or court sets aside the pleas or findings.
10
Terms of a pretrial agreement Permissible terms: 1)Waiver of the Article 32 Investigation and/or a jury trial. 2)Waiver of objections to government documents. Impermissible terms: 1)Waiver of right to counsel or Due Process protections; 2)Waiver of right to challenge the government in the areas of: Speedy Trial, Jurisdiction, Unlawful Command Influence and Appellate Review.
11
Military Law – Week 7 Jay Canham Unlawful Command Influence
Similar presentations
© 2025 SlidePlayer.com. Inc.
All rights reserved.