Misc Pub 27-8 Legal Handbook Commander’s 2019

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CommandersLegalHandbook
ArmyDemLogProgramBriefing-Jan17

Return to Table of Contents 20 F. Fixing A Problem
1. Consult with your SJA. 2. Issue a revised policy statement. 3. Conduct an investigation. 4. Take corrective action against someone who commits UCI.

E. Preventing A Problem
• Have your Judge Advocate give a class to your unit on lawful command emphasis vs. unlawful command influence and the ways that people in at your level of command can communicate without committing unlawful command influence Have your Judge Advocate review statements or policies prior to signature or release Ensure that your SJA and PAO are working together on statements Focus on the process, not the result focus on the offense, not the offender. If you need to make a public statement about a case, use language like this:
“[This type of misconduct has no place in the Army. This type of misconduct erodes unit cohesion and mission effectiveness. Allegations of this type of misconduct will be thoroughly investigated and appropriate action will betaken based on that investigation.”
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20
F. Fixing A Problem
While each problem is unique, there are some common steps you might consider. Consult your servicing Judge Advocate before you take action in any case. By taking proactive action to cure UCI before trial, you reduce the chances of the military judge taking adverse action at trial.
1. Consult with your SJA.
2. Issue a revised policy statement.
3. Conduct an investigation.
4. Take corrective action against someone who commits UCI.
5. Transfer offenders.
6. Apologize.
7. Provide a briefing on duty to testify.
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21
COMMANDMENT 1: Do not stack the panel, nor select nor remove court- members in order to obtain particular result in a particular trial.
COMMANDMENT 2: Do not disparage the defense counselor the military judge.
COMMANDMENT 3: Do not communicate an inflexible policy on disposition or punishment.
COMMANDMENT 4: Do not place outside pressure on the judge or panel members to obtain a particular decision.
COMMANDMENT 5: Do not intimidate witnesses or discouraged them from testifying.
COMMANDMENT 6: Do not order a subordinate to dispose of a casein a certain way.
COMMANDMENT 7: Do not coach or mentor subordinate commanders on military justice without talking to your legal advisor first.
COMMANDMENT 8: Do not disparage the accused or tell others not to associate with him, and do not allow subordinates to do so, either.
COMMANDMENT 9: Ensure that subordinates and staff do not commit unlawful command influence, inadvertently or not.
COMMANDMENT 10: If a mistake is made, raise the issue immediately and cure with an appropriate remedy.

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