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Criminal Law Deskbook

Practicing Military Justice

January 2019

Note:  This version of the Criminal Law Deskbook reflects changes to the military justice system resulting from the Military Justice Act of 2016, most of which took effect as of 1 January 2019.  The July 2018 version of the Criminal Law Deskbook was the most recent version to address pre-Military Justice Act law and procedure.

 

 

 

 

 

   

Criminal Law Department

The Judge Advocate General’s Legal Center and School

U.S. Army

 


 

Table of Contents

Criminal Law Deskbook

 

 

Foreword

Faculty 2018-2019

The Military Justice System

  1. Overview of Military Justice
  2. Unlawful Command Influence
  3. Jurisdiction
  4. Professional Responsibility

Alternative Disciplinary Forums

  1. Nonjudicial Punishment
  2. Summary Courts-Martial

Military Criminal Procedure

  1. Pretrial Restraint & Confinement
  2. Charging & Instructions
  3. Court-Martial Personnel
  4. Speedy Trial
  5. Discovery & Production
  6. Expert Witnesses
  7. Article 32 Preliminary Hearing
  8. Pretrial Advice
  9. Pretrial Agreements
  10. Motions
  11. Pleas
  12. Voir Dire & Challenges
  13. Sentencing & Credit

Military Criminal Law

  1. Crimes
  2. Sexual Offenses
  3. Defenses
  4. Mental Responsibility & Competence

Evidence

  1. Evidence
  2. Confrontation Clause
  3. Search & Seizure
  4. Self-Incrimination

Post-Trial and Appeals

  1. Post-Trial Process
  2. Appeals & Writs
  3. Corrections & Post-Conviction Consequences

Policy and Programs

  1. Improper Superior-Subordinate Relationships & Fraternization
  2. Victims’ Rights/Programs & Sexual Assault Policy (SVC, SHARP, VWAP, FAP)

 

 

 

 

 

 

 

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