Misc Pub 27-8 Legal Handbook Commander’s 2019
In the commander’s presence unless extraordinary circumstances
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ArmyDemLogProgramBriefing-Jan17
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- 3. Rules of evidence
- 4. Degree of Proof
- 1. Suspension of the Punishment
| 2. In the commander’s presence unless extraordinary circumstances The Soldier will be allowed to personally present matters in defense, extenuation, or mitigation to the Commander, except when appearance is prevented by the unavailability of the Commander or by extraordinary circumstances (i.e. – the Soldier is stationed at a remote geographic location separate from the Commander). 3. Rules of evidence Commander is not bound by the formal rules of evidence, except for the rules pertaining to privileges. Privileges include spouses not being required to testify against their spouse and clergy not being required to testify against their parishioner. Return to Table of Contents 35 The Commander may consider any matter the he or she believes is relevant (including, e.g.,unsworn statements and hearsay. But beware that if the Soldier turns down the Art. 15, the Military Rules of Evidence will apply at a court-martial. So, evidence that the commander considers at Article 15 may not be admissible at the court-martial. 4. Degree of Proof As a criminal law matter, the commander must be convinced beyond a reasonable doubt that the Soldier is guilty of the offense in order to find the Soldier guilty and punish him or her. J. Clemency (AR 27-10, Section V) The imposing commander, a successor in command, or the next superior authority may grant clemency. Clemency can include the following processes. 1. Suspension of the Punishment The execution of a punishment of reduction or forfeiture maybe suspended for no more than four months. Other punishments maybe suspended for no more than six months. For summary Arts, suspensions are for no more than three months. The suspended punishment is automatically remitted if no misconduct during the suspension period. a. Vacation of Suspension If the Solder violates a punitive article of the UCMJ (or other stated condition) during the suspension period, the commander may vacate the suspension. If the vacation involves a condition on liberty, reduction in rank, or forfeiture of pay, the commander should hold a hearing as outlined in AR 27-10, para. 3-25. For the vacation of other punishments, the Soldier should be given notice and an opportunity to respond. If the Soldier is absent without leave when the commander proposes vacation, special rules apply. In this instance, ensure that you consult with your servicing Judge Advocate. The conduct that led to the vacation can serve as a separate basis fora new NJP action. Download 4.49 Mb. Share with your friends:
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