Misc Pub 27-8 Legal Handbook Commander’s 2019



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CommandersLegalHandbook
ArmyDemLogProgramBriefing-Jan17
F. Remedy Exclusion
If the questioning official violates the voluntariness doctrine the requirement to give rights warnings the rules on obtaining a waiver or, the rules about the presence of counsel, then any statement obtained from a suspect that might have been used against the suspect at trial will be excluded from evidence. Any evidence derived from the statement must also be excluded. For example, if the statement told investigators where a stolen weapon was hidden, and the weapon
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was recovered based upon that statement, then the weapon itself would also have to be excluded if the statement was improperly obtained. This can be catastrophic, but may not always terminate the government’s ability to prosecute the case. If the trial counsel can prove the case with evidence that was obtained independently of the inadmissible statement, then the prosecution may go forward.
Fig. 8-1 - Rights Warning Card
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Fig. 8-2 - Rights Warning Waiver Certificate Front Page)
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Fig. 8-3 - Rights Warning Waiver Certificate Back Page)
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9
Punitive Articles of the UCMJ
Art.
Title
GENERAL PROVISIONS
77 Principals Accessory after the fact Conviction of offense charged, lesser included offenses, and attempts
INCHOATE OFFENSES
80 Attempts Conspiracy Soliciting Commission of Offenses
PLACE OF DUTY OFFENSES
83 Malingering Breach of Medical Quarantine Desertion Absence without leave (AWOL Missing movement Jumping from a Vessel
87a
Resistance, Flight, Breach of Arrest, and Escape
87b
Offenses Against Correctional Custody and Restriction

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