International Military Student Preparatory Course P910

US Legal System (Introduction)

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Learning Objectives

Action: Establish self and family in the community. Standard: Community establishment includes:
Complying

with laws/rules/regulations to include use of government assets the necessary support agencies and services

Activating

Lesson Outline

US Judicial System:

State Court System Federal Court System

Military Law

Sources of Military Law Military Law:

Administrative Actions Nonjudicial Punishment Courts-Martial

The United States v. Lee, 1882

Arlington National Cemetery established in 1864 on the grounds of Custis-Lee mansion Used as a cemetery since 1864 during the American Civil War; Anna Custis Lee held legal title (wife of

Confederate general Robert E. Lee)

Confiscated when Mrs. Lee did not pay property tax in person
Her son sued in county (municipal) court for wrongful confiscation Case went to state and then U.S. court system He won (United States v. Lee (106 US 196 (1882))

US government bought it back

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State Court System

Supreme Court

Reviewing or Appellate Court Trial Courts

Municipal Court Probate Court Juvenile Court
Small Claims Court

Traffic Court

The Federal Court System

United States Supreme Court

US Courts of Appeals (12 Circuits)

Highest State Court of Appeals

Court of Military Appeals

US District Courts (94 Courts)

State Appeals Court

Court of Claims

Local Trial Court

Court of International Trade

The Military Court System

United States Supreme Court
Court of Appeals for the Armed Forces (CAAF)

Army Criminal Court of Appeals

Navy and Marine Criminal Court of Appeals

Air Force Criminal Court of Appeals

Coast Guard Criminal Court of Appeals

Trial Court

Trial Court

Trial Court

Trial Court

Criminal Cases

Federal or State Court?

95% or more of all prosecutions are in state courts Federal courts address specialized and high profile offenses:

Organized crime (Mafia)

Tax evasion Drug kingpins

Overlapping jurisdiction, but no double jeopardy

The Players:

District Attorney or US Attorney decide which cases to pursue Investigators (FBI, Police) gather evidence, arrest suspects Public Defenders represent those defendants who cannot afford their own attorney
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Juvenile Crime

Federal Courts have almost no role

States vary widely in their treatment of offenders under the age of 18 Some states seal the records of juveniles who commit minor offenses so they will appear to have no criminal records Some states release juveniles when they reach age 21, even if they have served a fraction of a normal sentence Trend: More states willing to treat juveniles as adults
John Malvo, DC Sniper (now 18)

Sentencing
Conviction of a crime in the US can result in:

Death Imprisonment Community Service Removal from office Disqualification to hold office or vote Probation Fine Any combination

United States Penitentiary, Leavenworth, Kansas10

Sources of Military Law

The Constitution The Uniform Code of Military Justice:

Chapter Military Statue

47, Title 10 U.S. Code, Armed Forces

criminal code for all services enacted by Congress Procedures

The Manual for Courts-Martial:

Court-Martial Rules

of Evidence

Service Regulations International Law

US Constitution, September 17th, 1789

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Commanders Disciplinary Tools

Administrative action Nonjudicial punishment (Article 15) Courts-Martial

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Administrative Action

Counseling
Reprimand (oral or in writing) Adverse evaluation report Administrative separation

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Administrative Separations

Chapter 9 Abuse of Alcohol/Drugs Chapter 10 In Lieu of Court-Martial Chapter 11 Unsuitability Chapter 13 Unsatisfactory Performance

Chapter 14 Willful and Persistent Misconduct*

Chapter 15 Homosexual Conduct* Chapter 18 Weight Control
*Generally a Dishonorable Discharge.

Army Regulation 635-200, Personnel Separations; Active Duty Enlisted Administrative Separations.

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Character of Discharge
Honorable General (under honorable conditions) Under Other Than Honorable Conditions Bad Conduct

Dishonorable

Army Regulation 635-200, Personnel Separations; Active Duty Enlisted Administrative Separations.

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Non-Judicial Punishment

Used for minor offenses

Commanders hold hearing and impose punishment Purposes:

Correct, educate, and reform soldiers who violate the UCMJ Preserve a soldiers military record from stigma of a court-martial

Save time and resources

Soldier may refuse and demand court-martial A judge advocate may be present during an Article 15 hearing*
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*Army Regulation 27-10, Military Justice, Paragraph 3-18c, Right to Counsel, 6 September 2002.

Types of Non-Judicial Punishment

Summarized Article 15 Formal Article 15

Company Grade Field Grade General Officer

815. ART. 15. COMMANDING OFFICER'S NON-JUDICIAL PUNISHMENT (a) Under such regulations as the President may prescribe, and under such additional regulations as may be prescribed by the Secretary concerned. (b) Any commanding officer may, in addition to or in lieu of admonition or reprimand, impose one or more of the following disciplinary punishments for minor offenses without the intervention of a courtmartial.

Title 10, Subtitle A, Part II, Chapter 47, Subchapter III, Section 815, Article 15.
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Summary Courts-Martial

Convening Authority: battalion commander or higher (lieutenant colonel, colonel, general officer)

Jurisdiction: Enlisted soldiers

Composition of Court:
One No

officer (usually a major)

judge, jury, or prosecutor

Accused soldier may refuse to be tried by SCM

Accused soldier is not provided a defense counsel at the trial

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Special Courts-Martial

Convening Authority: brigade commander or higher (colonel or general)

Jurisdiction: Generally enlisted soldiers Composition of Court:
Panel

of officers accused may request enlisted members

Enlisted May

choose trial by military judge alone

Accused provided a military defense counsel Service member may hire a civilian defense (but military defense counsel remains assigned to the case)
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BCD* Special Courts-Martial

Convening Authority:
Division

commander or higher (usually the first general officer in the chain of command) Brigade commander (colonel) if authority has been delegated by his commander

Jurisdiction: Enlisted soldiers Composition of Court:

Panel

of officers (at least 3) Enlisted accused may request enlisted members May choose trial by military judge alone Trial counsel

Accused soldier is provided a military defense counsel and may hire a civilian attorney
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*Bad Conduct Discharge

General Courts-Martial

Convening Authority: division commander or higher (usually the first general officer in the chain of command) Jurisdiction: All personnel (officer/enlisted)

Requires Article 32 investigation

Composition of Court:
Panel

of officers (at least 5)

Enlisted
May Trial

accused may request enlisted members

choose trial by military judge alone counsel

Accused is provided a military defense counsel

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Summary

Sources of Military Law

Administrative Actions Non-judicial Punishment

Courts-Martial

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