\"Military Justice\" - Mar 2013 - nnoa

Captain Rafiel D. Warfield, USMC Defense Counsel, Legal Team ECHO

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Pg 11  Counseling

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6105  Counseling with TEETH

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CRB (competency review board)  Maybe you’re not ready yet

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NJP  Commander’s tool to maintain good order and discipline

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Administrative Separations  You’re FIRED

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YOUR CHOICE It’s a process Three Options  Accept and Plead “G”  Accept and Plead “NG”  Reject

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NOT A CRIMINAL PROCEEDING Three questions to be asked  Does a basis exist to separate the Marine  If yes, should the Marine be separated  If yes, how should we characterize his service ▪ Honorable ▪ General ▪ Other than Honorable

OTH   

No educational benefits No medical benefits No criminal conviction

BCD   

No educational benefits No medical benefits Criminal conviction

Courts Martial

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NJP with TEETH 1 Officer is adjudicator Punishment  30 days confinement  Reduction 1 rank (for E5 below)  Forfeitures

99% of the time – This will not turn into a conviction

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Federal Criminal Conviction REAL DEAL Punishments  12 months confinement  12 months forfeitures  Reduction to E-1  Bad Conduct Discharge

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Federal Criminal Conviction For real, for real REAL DEAL Article 32 hearing (grand jury) Punishments  Depends on the crime

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NEGOTIATIONS  Pleas  Maximum punishments

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PROVIDENCY

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APPELLATE REVIEW/LEAVE

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KNOW THEM  I have the right to remain silent. I do not have to answer questions or

make any statement.

 Before I decide whether I want to answer questions or make a

statement, I may consult with a lawyer. If I decide to consult with a lawyer, the interviewer will stop the questioning. I may consult with a military lawyer provided without cost to me.

 If I decide to answer questions or make a statement, anything I say

may be used as evidence against me in any court-martial, non-judicial proceeding, administrative proceeding, or civilian court.

 Even if I decide to answer questions or make a statement, I may at any

time stop answering questions, refuse to make any further statements, or request to consult with a lawyer.

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You will not be punished if you exercise your rights.

If you’re given the right to remain silent… exercise the right!