What are a Soldier’s Rights Under the UCMJ

Formal. AR 27-10, para. 3-18.

A copy of DA Form 2627 with items 1 and 2 completed so defense counsel may review and properly advise soldier. Nonjudicial Punishment (NJP)

Reasonable decision period and to consult with counsel (usually 48 hours).

Determined by the complexity of the case and the availability of counsel.

Soldiers can request a delay, the commander can grant for good cause.

Right to remain silent.

Demand trial by court-martial (unless attached to or embarked on a vessel).

Request an open or closed hearing. AR 27-10, para. 3-18(g)(2).

Ordinarily, hearings are open. An open hearing usually takes place in the commander’s office with the public allowed to attend.

The commander should consider all facts and circumstances when deciding whether the hearing will be open or closed.

Request a spokesperson.

Need not be a lawyer.

Soldier may retain a lawyer at own expense.

Examine available evidence.

Present evidence and call witnesses. AR 27-10, para. 3-18i.

The commander determines if the witness is reasonably available, considering that witness and transportation fees are not available

Reasonably available witnesses will ordinarily only be those at the installation concerned.

Appeal.

Representing Guilty Clients? How do defense lawyers sleep at night?

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Summarized

Reasonable decision period (normally 24 hours).

Demand trial by court-martial.

Remain silent.

Hearing.

Present matters in defense, extenuation, and mitigation.

Confront witnesses.

Appeal.

Appeal

Right to remain silent

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