Misc Pub 27-8 Legal Handbook Commander’s 2019



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CommandersLegalHandbook
ArmyDemLogProgramBriefing-Jan17
E. Trial Decisions
1. Request for Discharge in Lieu of Court-Martial. Chapter 10, AR 635-200
a. Requirements
• Offense must carry a punitive discharge as a possible punishment or Combination of charges would permit a BCD under R.C.M. d) and Case is referred to a court authorized to adjudge a punitive discharge.
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b. Approval Authority
Only a General Court-Martial convening authority may approve or disapprove.
c. Type of discharge
Usually Under Other than Honorable Conditions.
d. When to recommend/accept?
Some examples Unlikely court will give much of a sentence protects child victims from testifying precludes massive outlay of resources unit preparing to deploy, if no negative effect on command disciplinary climate.
2. Plea Agreements. R.C.M. 705.
• Many courts-martial are resolved by plea agreements. Plea agreements are made between the accused and convening authority where the accused agrees to plead guilty to some or all of the charged offenses and the convening authority agrees to limit any possible sentence. You maybe asked for your recommendation on whether the convening authority should accept a pretrial agreement Either side, the government or defense, may initiate the agreement Some examples of when you may consider recommending that the convening authority accept a plea agreement are the agreement offers an acceptable sentence for the offense the agreement will save significant resources the agreement will speed the resolution of the process the case relies on the testimony of reluctant witnesses Counteroffers from the side that did not initiate the agreement are permitted you maybe asked for your recommendation if there is a counter-offer.
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