Table Of Content

LECALMAN / LEGAL CLERK Study Guide jr t; t/f/rf ^i.1,'1 ' i t v N/WAL JUSTICE SCHOOL 360 Elliot Street Newport, Rl 02841-1523 19960409 182 January 1996 DTJC QUALITY M3PECTBB 1 THIS DOCUMENT IS BEST QUALITY AVAILABLE. THE COPY FURNISHED TO DTIC CONTAINED A SIGNIFICANT NUMBER OF PAGES WHICH DO NOT REPRODUCE LEGIBLY. Legalman/ Legal Clerk Course Student Study Guide INTRODUCTION This Student Study Guide is intended for use by the students enrolled in the Legalman/Legal Clerk Course at Naval Justice School, Newport, Rhode Island. It is recognized, however, that this Student Study Guide will be an invaluable tool for use by persons in the field as well. With this in mind, several disclaimers may be in order: 1. Law and regulations change; therefore, we can only ensure the accuracy of the material contained herein as of the date of printing. You MUST keep this in mind while using this Student Study Guide as a working tool in the field. 2. The organization of this Student Study Guide may seem illogical to the casual observer. Keep in mind that the primary purpose of this Student Study Guide is to aid the student in the Legalman/Legal Clerk Course; therefore, it is organized to follow the curriculum of the Legalman/Legal Clerk Course of instruction. 3. Abbreviations are used throughout this Student Study Guide. For definitions of these abbreviations, refer to the Military Justice Study Guide. TABLE OF CONTENTS SECTION SUBJECT PAGE SECTION 1 MILITARY JURISDICTION 1-1 SECTION 2 ARTICLE 31, UCMJ 2-1 SECTION 3 UNAUTHORIZED ABSENCE AND ASSOCIATED SERVICE RECORD ENTRIES 3-1 SECTION 4 PREMAST FORMS AND PRELIMINARY INQUIRIES 4-1 SECTION 5 ARTICLE 15, UCMJ (NJP) AND POSTMAST SERVICE RECORD ENTRIES 5-1 SECTION 6 CONVENING ORDERS AND AMENDING ORDERS 6-1 SECTION 7 CHARGE SHEET/CHARGES AND SPECIFICATIONS 7-1 SECTION 8 ARTICLES 85, 86 AND 87, UCMJ 8-1 SECTION 9 ARTICLES 112a, 121 AND 134, UCMJ. 9-1 SECTION 10 ARTICLES 89, 90, 91 AND 92, UCMJ 10-1 SECTION 11 ARTICLE 32 PRETRIAL INVESTIGATIONS AND ARTICLE 34 ADVICE 11-1 SECTION 12 LAW LIBRARY/LEGAL RESEARCH 12-1 SECTION 13 PRETRIAL AGREEMENTS 13-1 SECTION 14 SUMMARY COURTS-MARTIAL 14-1 SECTION 15 SPEEDY TRIAL ISSUES AND PRETRIAL RESTRAINT.... 15-1 SECTION 16 LEGAL OFFICER/STAFF JUDGE ADVOCATE REVIEW 16-1 SECTION 17 CONVENING AND REVIEWING AUTHORITY'S ACTION....17-1 SECTION 18 PROMULGATING ORDERS FOR SPECIAL AND GENERAL COURTS-MART I AL ^.18-1 SECTION 19 POST-TRIAL SERVICE RECORD ENTRIES 19-1 SECTION 2 0 JAG MANUAL AND LINE OF DUTY/MISCONDUCT INVESTIGATIONS 20-1 SECTION 21 ETHICS 21-1 SECTION 22 TRIAL PARALEGAL DUTIES 22-1 SECTION 23 ENLISTED ADMINISTRATIVE SEPARATIONS 23-1 11 SECTION 1 MILITARY JURISDICTION This section of the Legalman/Legal Clerk Course Student Study Guide contains information concerning jurisdiction, as it relates to members of the armed forces. 1-1 ADMINISTRATIVE REMARKS £-32 NAVPERS 1070/613 (R»v. 1-76) I S/N 0106-LF-010-a890 SEE BUPERSMAN S03042o SHIP Ott STATION PERSUPPDET, NETC, NEWPORT, RI 5 Jun CY: Held involuntarily beyond normal expiration of obligated service " awaiting trial by court-martial. Authority MILPERSMAN 1050155. &d4*ä» R. T. LITTLE, PNC, USN, Personnel Officer By direction of the Officer in Charge PAGE 13 USED FOR THE PURPOSE OF INVOLUNTARILY EXTENDING A PERSON BEYOND NORMAL EAOS TO AWAIT DISPOSITION OF CHARGES PENDING TRIAL BY COURT-MARTIAL. NOTE: MAY NOT BE USED TO EXTEND BEYOND EAOS FOR NJP PURPOSES - ONLY TRIAL BY COURT-MARTIAL. HAMS (Utt.FirU.MMk) SSN BRANCH AMD OASS HENDERSON. Leta Dawn <*U.S.O0Wntm«t!tMntl!HOHIM: 1»»1-703-100/84*7 S-1 1-2 ,3LJ WARNING : LEGAL HOLD! WARNINGS LEGAL HOLD! WARNING ; LEGAL HOLD! WARNING : LEGAL HOLD! WARNING: LEGAL HOLD! WARNING : LEGAL HOLD! WARNING : LEGAL HOLD! WARNING: LEGAL HOLD! WARNING : LEGAL HOLD! WARNING : LEGAL HOLD! WARNING: LEGAL HOLD! WARNING : LEGAL HOLD! WARNING : LEGAL HOLD! WARNING: LEGAL HOLD! WARNING : LEGAL HOLD! WARNING ; LEGAL HOLD! WARNING: LEGAL HOLD! WARNING, : LEGAL HOLD! WARNING : LEGAL HOLD! WARNING: LEGAL HOLD! WARNING:; LEGAL HOLD! WARNING : LEGAL HOLD! WARNING: LEGAL HOLD! WARNING: ». LEGAL HOLD! WARNING : LEGAL HOLD« WARNING: LEGAL HOLD! WARNING: • LEGAL HOLD! WARNING ; LEGAL HOLD! WARNING: LEGAL HOLD! WARNING: LEGAL HOLD! Date: MVMRT^P PPNnTNf, TRTÄT, RY COURT-MARTIAL: DO NOT DISCHARGE WITHOUT AUTHORIZATION FROM THE LEGAL OFFICER. MEMBER PENDING NJP: DO NOT TRANSFER. AUTHORIZE LEAVE, OR ISSUE TAD/TEMADD ORDERS WITHOUT AUTHORIZATION FROM THE LEGAL OFFICER, (Rank/Name of Legal Officer) (Command and Phone #) x * THIS COVER IS TO BE PLACED ON RIGHT-HAND SIDE OF MEMBER'S SERVK :E RECORD. MEMBER■£ 3 NAME : SSN * 1-3 SECTION 2 ARTICLE 31. UCMJ This section of the Legalman/Legal Clerk Student Study Guide contains a copy of the SUSPECT'S RIGHTS ACKNOWLEDGEMENT/STATEMENT forms. (JAGMAN A-l-m(l),(2) and (3)). 2-1 SUSPECT'S RIGHTS ACKNOWLEDGEMENT/STATEMENT (See JAGMAN 0170) SUSPECT'S RIGHTS AND ACKNOWLEDGEMENT/STATEMENT FULL NAME (ACCUSED/ SUSPECT) ACTIVITY/UNIT DATE OF BIRTH NAME (INTERVIEWER) RATE/RANK SERVICE(BRANCH) ORGANIZATION BILLET LOCATION OF INTERVIEW DATE RIGHTS I certify and acknowledge by my signature and initials set forth below that, before the interviewer requested a statement from me, he warned me that: (1) I am suspected of having committed the following offense(s) ; — : (2) I have the right to remain silent; (3) Any statement I do make may be used as evidence against me in trial by court-martial; (4) I have the right to consult with lawyer counsel prior to any questioning. This lawyer counsel may be a civilian lawyer retained by me at my own expense, a military lawyer appointed to act as my counsel without cost to me, or both; and-. A-l-m(l) 2-2 (5) I have the right to have such retained civilian lawyer and/or appointed military lawyer present during this interview,- WAIVER OF RIGHTS I further certify and acknowledge that I have read the above statement of my rights and fully understand them and that, — ■ . (1) I expressly desire to waive my right to remain silent; • - (2) I expressly desire to make a statement; — (3) I expressly do not desire to consult with either a civilian lawyer retained by me or a military lawyer appointed as my counsel without cost to me prior to anv questioning; -• • J (4) I expressly do not desire to have such a lawye: present with me during this interview; and ■ (5) This acknowledgement and waiver of rights is made Sv?i« S* Vol^nt^rily hY me> and without any promises or threats navmg been made to me or pressure or coercion of any kind having been used against me. . SIGNATURE (ACCUSED/SUSPECT) TIME DATE SIGNATURE (INTERVIEWER) TIME DATE SIGNATURE (WITNESS) TIME DATE A-l-m(2) 2-3