Military Justice 101
Captain Rafiel D. Warfield, USMCDefense Counsel, Legal Team ECHO
ADMINISTRATIVE
Pg 11Counseling6105Counseling with TEETHCRB (competency review board)Maybe you’re not ready yetNJPCommander’s tool to maintain good order and disciplineAdministrative SeparationsYou’re FIRED
Administrative; NJP
YOUR CHOICEIt’s a processThree OptionsAccept and Plead “G”Accept and Plead “NG”Reject
Administrative Separation
NOT A CRIMINAL PROCEEDINGThree questions to be askedDoes a basis exist to separate the MarineIf yes, should the Marine be separatedIf yes, how should we characterize his serviceHonorableGeneralOther than Honorable
OTH v BCD
OTH
No educational benefitsNo medical benefitsNo criminal conviction
BCD
No educational benefitsNo medical benefitsCriminal conviction
CRIMINAL
Courts Martial
Summary Courts Martial
NJP with TEETH1 Officer is adjudicatorPunishment30 days confinementReduction 1 rank (for E5 below)Forfeitures99% of the time – This will not turn into a conviction
Special Courts Martial
Federal Criminal ConvictionREAL DEALPunishments12 months confinement12 months forfeituresReduction to E-1Bad Conduct Discharge
General Courts Martial
Federal Criminal ConvictionFor real, for realREALDEALArticle 32 hearing (grand jury)PunishmentsDepends on the crime
Pre-Trial Agreements
NEGOTIATIONSPleasMaximum punishmentsPROVIDENCYAPPELLATE REVIEW/LEAVE
Article 31 (b) Rights
KNOW THEMI have the right to remain silent. I do not have to answer questions or make any statement.Before I decide whether I want to answer questions or make a statement, I may consult with a lawyer. If I decide to consult with a lawyer, the interviewer will stop the questioning. I may consult with a military lawyer provided without cost to me.If I decide to answer questions or make a statement, anything I say may be used as evidence against me in any court-martial, non-judicial proceeding, administrative proceeding, or civilian court.Even if I decide to answer questions or make a statement, I may at any time stop answering questions, refuse to make any further statements, or request to consult with a lawyer.You will not be punished if you exercise your rights.
Questions?
If you’re given the right to remain silent… exercise the right!
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