Return to Table of Contents

17
3
Unlawful Command Influence
A. Shift In Role
In your legal role as a commander, you must have a shift in mindset. You play a quasi-judi- cial role within the military justice system that precludes you from directing subordinate commanders in the way that you might otherwise do in an operation. Even if you think that you are just mentoring and coaching you can commit Unlawful Command Influence (UCI). Generally, UCI is the improper use, or perception of use, of a superior authority to interfere with the court-martial process. The readings in the Appendix to this Chapter offer a good explanation as to why commanders should use caution when discussing the military justice system, and why, before you do so, you should consult with your servicing Judge Advocate. This chapter is not meant to discourage commanders from talking about military justice, good order and discipline with subordinates. When done so properly, a command appropriately exercises lawful command emphasis, which is a tool you should use to reinforce issues related to military justice.
B. Framework
1. Accusatory (the process of bringing charges) v. adjudicative (the
actual trial)
Accusatory UCI happens when someone that is responsible for bringing charges or processing charges takes a certain action because someone else pressured him or her to take that action. Adjudicative UCI is UCI that taints the trial process itself – the military judge, the defense counsel, the panel members, or a witness is pressured to door not do something.
2. Apparent v. actual
UCI does not have to actually occur for thereto be a problem. If the situation just looks bad as in, members of the public would think that the accused cannot receive a fair trial – then that can be enough for the military judge to grant the accused some relief.
3. Inadvertent v. intentional
A commander or superior does not have to intend to commit UCI or have some sinister purpose. A commander or superior can have good intentions and still commit UCI. This happens most frequently when commanders mentor subordinates or address Soldiers about military justice topics but stray from discussing good order, discipline and process into discussing specific cases or expected results.

Download 4.49 Mb.

Share with your friends: