Military Justice 101

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

ADMINISTRATIVE

Pg 11 Counseling

6105 Counseling with TEETH

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

NJP Commander’s tool to maintain good order and

discipline Administrative Separations

You’re FIRED

Administrative; NJP

YOUR CHOICE It’s a process Three Options

Accept and Plead “G” Accept and Plead “NG” Reject

Administrative Separation

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 v BCD

OTH No educational

benefits No medical benefits No criminal conviction

BCD No educational

benefits No medical benefits Criminal conviction

CRIMINALCourts Martial

Summary Courts Martial

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

Special Courts Martial

Federal Criminal Conviction REAL DEAL Punishments

12 months confinement 12 months forfeitures Reduction to E-1 Bad Conduct Discharge

General Courts Martial

Federal Criminal Conviction For real, for real REAL DEAL Article 32 hearing (grand jury) Punishments

Depends on the crime

Pre-Trial Agreements

NEGOTIATIONS Pleas Maximum punishments

PROVIDENCY

APPELLATE REVIEW/LEAVE

Article 31 (b) Rights

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.

You will not be punished if you exercise your rights.

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