Misc Pub 27-8 Legal Handbook Commander’s 2019
A. Overall Responsibilities
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ArmyDemLogProgramBriefing-Jan17
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- 3. The Commander’s Role
- B. Investigate
| A. Overall Responsibilities 1. A Commander’s System The disciplinary system in the military is a commander owned and operated system. Commanders must act responsibly and in support of the goals of the system in order to protect their prerogatives. 2. Goals of the System There are dual goals in our system that often must be balanced in the commander’s judgment. First is the discipline of the unit, that is, maintaining good order and discipline. The second goal is justice which requires a disciplinary system that is fair and which appears to be fair by the Soldiers in your unit. Both goals are equally important and intertwined with each other. 3. The Commander’s Role The commander plays a quasi-judicial role in the system, making decisions that in the civilian sector would be made by professional prosecutors or judges. Commanders must remain neutral and detached from the circumstances and make the best decision for the unit, the Soldier, and the interest of justice. Each case must be individually considered in the context of a consistent disciplinary philosophy. B. Investigate The Commander’s primary obligation at this stage is to expeditiously, fairly, and impartially gather all of the facts surrounding the situation. There are several options for investigating depending on the circumstances. See Army Regulation 195-2, Appendix B. Your servicing Judge Advocate can discuss these options with you and help you to determine the best course of action. For serious crimes, like drug offenses, sexual offenses, etc, you need to report the offense to CID immediately. For less serious crimes that involve property or people, you need to report the offense to the military police. Contact your Judge Advocate to ensure you are complying with your reporting requirements. These law enforcement organizations generally 2 Misconduct: Options and Duties of the Commander Return to Table of Contents 12 will conduct the investigation. For crimes that affect discipline without also affecting property or people, you maybe the owner of the investigation talk to your legal advisor. Download 4.49 Mb. Share with your friends:
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