Misc Pub 27-8 Legal Handbook Commander’s 2019
Victim Rights (Article b, UCMJ and AR 27-10, Chapter 17-10)
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ArmyDemLogProgramBriefing-Jan17
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- A. References
- B. Introduction
| 2. Victim Rights (Article b, UCMJ and AR 27-10, Chapter 17-10) All crime victims have rights which must be ensured by the OSJA as well as the command The right to be reasonably protected from the accused The right to reasonable accurate and timely notice of hearings regarding confinement, Article 32 preliminary hearings, courts-martial, sentencing, parole hearings and the release or escape of the accused The right to be treated with fairness, dignity, and a respect for privacy The right to be present at public court proceedings unless the court determines otherwise for fairness or other good cause The right to confer with the Government attorney The right to restitution, if appropriate The right to proceedings free from unreasonable delay The right to have an attorney or victim advocate present with them in a defense interview. Return to Table of Contents Investigations Return to Table of Contents Return to Table of Contents 105 This chapter provides an OVERVIEW of the considerations when conducting various administrative investigations. Many of the areas are discussed in more detail in later chapters of the Guide. Cross-references are provided in that instance. A. References • DODI 6055.07, Mishap Notification, Investigation, Reporting, and Record Keeping, 6 June 2011. • AR 15-6, Procedure for Administrative Investigations and Boards of Officers, 1 April 2016. • AR 195-2, Criminal Investigation Activities, Appendix B, 9 June 2014. • AR 385-10, The Army Safety Program, 24 February 2017. • AR 638-8, Army Casualty Program, 23 June 2015. • AR 600-8-2, Suspension of Favorable Actions (Flags, 11 May 2016. • AR 600-8-4, Line of Duty Policy, Procedures, and Investigations, 15 March 2019. • AR 638-34, Army Fatal Incident Family Brief Program, 12 February 2015. • AR 735-5, Property Accountability Policies, 9 November 2016. • DA Pam 735-5, Property Accountability Procedures and Financial Liability Officer’s Guide, 23 March 2016. B. Introduction All the Services have specific procedures for various types of administrative investigations. In the absence of more specific regulatory guidance, the Army uses AR 15-6, Procedure for Investigating Officers and Boards of Officers. AR 15-6 contains the basic rules for Army investigations and boards. If an investigation is appointed under a specific regulation, that regulation will control the proceedings. Commanders have inherent authority to investigate any matter under their responsibility, unless otherwise prohibited or limited, if undertaken for the purpose of furthering the good order and discipline of their command. Administrative investigations are different from criminal investigations and are usually conducted by non-law enforcement personnel. However, administrative investigations may form the basis for criminal charges, or may lead to criminal investigation. (See Appendix BAR, Criminal Investigation Activities, to determine which UCMJ offenses are investigated by CID, MPI, or unit commander.) Download 4.49 Mb. Share with your friends:
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