Army Regulation – 27 10 Military Justice
Montag, 26. Januar 2009 4:37
Der Inhalt des kostenlosen eBooks vom 16 November 2005 ist wie folgt:
Investigation and Prosecution of Crimes over which the Department of Justice and the Department of Defense have Concurrent Jurisdiction.
- Implementing authority .
- Local application.
- Action by convening authority.
- Grants of immunity.
- Administrative action.
- Threats against the President.
- Reporting requirements for cases involving national security crimes.
Nonjudicial Punishment.
- Use of nonjudicial punishment.
- Relationship of nonjudicial punishment to nonpunitive measures (para 1g, part V, MCM).
- Personal exercise of discretion (para 1d(2), part V, MCM).
- Reference to superior.
- Filing determination.
- Who may impose nonjudicial punishment.
- Persons on whom nonjudicial punishment may be imposed.
- Minor offenses.
- Double punishment prohibited.
- Restriction on punishment after exercise of jurisdiction by civilian authorities.
- Statute of limitations.
- Preliminary inquiry.
- Commander’s guide for notification and imposition.
- Summarized proceedings.
- Formal proceedings (para 4, part V, MCM).
- Notification and explanation of rights.
- Rules and limitations.
- Effect on promotable status.
- Effective date and execution of punishments.
- Announcement of punishment.
- Clemency.
- Suspension.
- Vacation.
- Mitigation.
- Remission.
- Setting aside and restoratio.
- Who may act on an appeal.
- Procedure for submitting an appeal.
- Action by the imposing commander or the successor in command.
- Action by the superior authority.
- Action by a judge advocate.
- Action by superior authority regardless of appeal.
- Records of punishment.
- Distribution and filing of DA Form 2627 and allied documents.
- Supplementary action.
- Reconciliation log.
- Time for distribution of initial DA Form.
- Filing of records of punishment imposed prior to 1 November 1982.
- Transfer of Article 15s wholly set aside or in cases of change of status.
- Transfer or removal of records of nonjudicial punishment.
- Use of records.
- Delegation of authority to modify procedures and test new nonjudicial punishment forms.
Disciplinary Proceedings Subsequent to Exercise of Jurisdiction by Civilian Authorities.
- Policy.
- Procedure.
Procedures for Courts Martial.
- Scope.
- Courts martial jurisdiction.
- Court Martial Personnel.
- Detail of trial counsel.
- Certification and use of lawyers.
- Qualified counsel at courts martial.
- Qualified individual civilian counsel at courts martial.
- Individual military counsel.
- Professional standards.
- Rating of court members, counsel, and military judges.
- Preparation by court martial personnel.
- Reporters.
- Authorization for payment of transportation expenses and allowances to civilian witnesses appearing before Article.
- UCMJ, investigations.
- Reports and investigation of offenses.
- Procedures related to US Soldiers of Foreign Nationality Facing Courts Martial.
- Pretrial confinement.
- Preparation of charge sheet.
- Forwarding of charges.
- Convening authority actions upon receipt of approved resignation for the good of the service (RFGOS) in lieu of
- general court martial.
- Referral of charges.
- Accused’s copy of charge sheet.
- Preliminary procedures.
- Witness attendance.
- Procedure for summary courts martial.
- Arraignment and pleas.
- Disclosure of pretrial restraint.
- Entry of findings of guilty pursuant to a plea.
- Personal identifiers of witnesses.
- Special courts martial guidance.
- Sentencing.
- Report of result of trial.
- Assignment of post trial Soldiers in confinement or on excess leave.
- Convening authority action.
- Transfer of convening authority action.
- Rehearing in cases in which the accused is absent without leave.
- Suspension of sentence.
- Vacation of suspended sentences.
- Disposition of SJA recommendations and JA reviews of records of GCM and of SPCM in which a bad conduct
- discharge has been approved.
- Stay of execution of death sentence when accused lacks mental capacity.
- Clemency under Article.
- Petition for new trial under Article.
- Preparation.
- Readability of records of trial.
- Retention of trial notes or recordings.
- Authentication of records of trial.
- Service of record of trial on the accused.
- Forwarding of records of trial after initial action.
- Disposition of records of trial.
- Mailing records of trial.
- Delegation of authority to modify procedures.
United States Army Trial Defense Service.
- Mission.
- Organization.
- Administrative and logistical support.
- Funding responsibilities.
- Training.
- Installations without a servicing USATDS office.
- Mutual support responsibilities.
- Detail of defense counsel.
- Requests for individual military counsel.
- Professional standards.
Court Membership and Other Related Military Justice Duties by Non JAGC Personnel.
- Chaplains.
- Medical, dental, and veterinary officers.
- Army nurses.
- Medical specialist corps.
- Inspectors general.
- Warrant officers.
United States Army Trial Judiciary Military Judge Program.
- Qualifications of military judges.
- Judicial circuits.
- Functions and duties of military judges.
- Responsibilities of the chief circuit judge.
- Detailing of military judges.
- Administrative and logistical support.
- Rules of court.
- Requests for Military Judges as Individual Military Counsel.
Military Magistrate Program.
- Scope.
- Appointment of military magistrates.
- Powers of military magistrates.
- Supervision of military magistrates.
- Review by military magistrate.
- Administrative and logistical support.
- Authority of military judges and magistrates to issue authorizations.
- Issuance.
- Oaths.
- Execution and disposition of authorizations and other related papers.
- Recovery and disposition of property.
- Reapplication.
- Legality of searches and seizures.
Courts of Inquiry.
- General.
- Jurisdiction.
- Composition.
- Convening order.
- Designation of parties.
- Rights of parties.
- Witnesses.
- Procedure.
- Report.
- Preparation and submission of record.
- Action of convening authority.
- Disposition of record.
Oaths.
- Persons required to be sworn.
- Oath administration procedure military judges.
- Oath administration counsel.
- Oath administration procedure court members .
- Oath administration procedure reporters.
- Oath administration procedure interpreters.
- Forms of oaths for court martial personnel.
- Oath administration procedure persons providing sworn information in support of requests for authorizations to search.
- and seize and authorizations to apprehend.
- Form of oaths for probable cause searches and seizures and apprehensions.
- Form of oath for the accused following a plea of guilty.
Court Martial Orders.
- Types of court martial orders.
- Convening orders.
- Promulgating orders.
- Format for SCM Court Martial Orders (CMOs).
- Format for court martial orders.
- Modification of findings or sentence.
- Distribution of court martial orders.
Appellate Review Matters.
- Scop.
- Petitions for extraordinary relief.
- Appeals under Article.
- Appellate advice after trial.
- Waiver or withdrawal of appellate review.
- Identifying companion and other cases.
- Rules of appellate procedure.
- Clerk of Court, U.S. Army Judiciary.
- Serving USACCA decisions on the accused.
- Cases remanded by the USACCA or USCAAF.
- Leave or transfer pending appellate review.
- Habeas corpus representation.
- Tenure for military appellate judges.
Application for Relief under Article 69, UCMJ.
- General.
- Procedures for making application.
- Submission of application.
- Timeliness.
Report of Judicial and Disciplinary Activity in the Army, Requirement Control Symbol JAG–2 (R12).
- Preparation.
- Frequency and content.
- Routing and due date.
- Negative reports.
- Instructions for completing DA Form 3169.
Allegations of Misconduct and Suspension of Counsel and Military Judges.
- Scope.
- Withdrawal of certification by TJAG.
- Grounds for suspension.
- Action to suspend military counsel.
- Action to suspend civilian counsel .
- Modification or revocation of suspension or decertification.
- Removal of counsel or reassignment of duties.
- Grounds.
- Removal of a military judge.
- Procedure.
- Modification or revocation of suspension or decertification.
Custody Policies Overseas.
- General.
- Custody policies.
- Exercise of custody provisions granted under international agreements.
- Implementation by major commands.
Victim/Witness Assistance.
- Purpose.
- Policy.
- Application.
- Objectives.
- Definitions.
- Victim/Witness Liaison.
- Identification of victims and witnesses.
- Initiation of liaison service.
- Rights of crime victims.
- Training and publicity.
- Medical, financial, legal, and social services.
- Stages and role in military criminal justice process.
- Notification and description of services provided victims of crime.
- Consultation with victims.
- Property return and restitution.
- Notification and description of services provided witnesses.
- Limitations.
- Protection of victims and witnesses.
- Notification to employers and creditors.
- Witness fees and costs.
- Civilian witness travel to proceedings overseas.
- Local services.
- Transitional compensation.
- Requests for investigative reports or other documents.
- Confinement facilities.
- Reporting requirements and responsibilities.
- Evaluation of Victim/Witness Liaison Program Services.
Military Justice Training.
- Training organization.
- Curriculum courses .
- Required military justice for enlisted Soldiers.
- Required military justice training for commissioned officers and officer candidates and cadets.
- Optional military justice training.
- Course development and instruction.
Complaints Under Article 138, UCMJ.
- Purpose.
- Applicability.
- Policy.
- Explanation of terms.
- Inappropriate subject matter for Article 138 complaints.
- Request for redress.
- Complaint.
- Legal advice.
- Action by the person receiving the complaint.
- Determination not required by officer exercising GCM jurisdiction.
- Determination required by officer exercising GCM jurisdiction.
- Action by Headquarters, Department of the Army.
Military Justice Within the Reserve Components.
- Purpose.
- Policy.
- Involuntary active duty.
- Extending RC soldiers on AD.
- Preservation of jurisdiction and punishment.
- Nonjudicial punishment (Article 15).
- Summary courts martial.
- Special and general courts martial.
- Forfeitures.
- Support personnel.
- Support responsibilities AA GCMCAs.
- Multiple component units.
United States Army Trial Counsel Assistance Program.
- General.
- Mission.
- Organization.
- Training.
- Technical assistance.
Prosecution of Criminal Offenses in Federal Courts.
- Scope.
- Authority.
- Felony prosecution programs.
- Appointment of attorneys as Special Assistant U.S. Attorneys.
- Misdemeanors.
- Reports.
- Witness expenses.
Registration of Sexually Violent Military Offenders Who Are Not Confined.
- Covered offenses.
- Trial counsel and Provost Marshal responsibilities.
- Sexual offenders.
United States Army Court Reporter Program.
- Training of Court Reporters.
- Detailing of Court Reporters and Oath Requirements.
- Court Reporter Metric Performance Standards.
- Exemption from Other Duties.
- RC Court Reporters.
- Removal of C5 Designation.
Prosecution of Criminal Offenses Under the Military Extraterritorial Jurisdiction Act of 2000 (MEJA).
- Applicability and Purpose.
- Qualified Military Counsel and Responsibilities of USATDS.
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