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10 Cards in this Set
- Front
- Back
Article 39(a) Session
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MJ and Counsel session used to discuss information outside the presence of the jury and to handle any preliminary matters including Motions and discovery matters. Motions not made are waived. Its purpose is to protect innocent accused. 4 types of motions: 1. Dismiss; 2. Illegal Search; 3. Suppress Confessions; 4. Appropriate Relief. Can have an Art 39(a) session at any time before MJ authenticates the Record.
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Discovery
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RCM 701 - All that the TC has is available to the DC. Witness lists are exchanged. DC must provide TC notice with: 1. Alibi; 2. Innocent Ingestion; 3. Lack of Mental Responsibility. If discovery issues, then the party not receiving the requested evidence should file a motion for appropriate relief.
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UCMJ Military Offenses
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Art 83: Fraudulent Enlistment
Art 85: Desertion - no intent to come back Art 86: AWOL - intent to come back Art 87: Missing Movement Art 89: Disrepsect toward Superior Commissioned Officer Art 91: Insubordinate Conduct toward WO or NCO Art 92: Failure to Obey/ (Dereliction of Duty) Art 101: Improper Use of Countersign Art 104: Aiding and Abetting the Enemy Art 133: Conduct Unbecoming Gentleman/woman (includes Cadets or midshipman w/Officers (charge this w/the other charge i.e. robbery) Art 134: Catch all charge (General Article). |
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Government's Right to Appeal
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Have the right to appeal if the Judge's ruling deals w/classified infor, dismissal, or ruling on evidence. Can't however, appeal just b/c gov lost at trial.
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Lesser Included Charges
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Article 79 - Idea is that there are lesser included offenses within some charges. I.E. Desertion's LIO is AWOL.
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Art 77: Principal
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Perpetrator is the crime committer
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Art 78: Accessory After the Fact
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Failure to report the offense does not count. Have to show that the principle DID commit the crime, but guilt in trial is not a requirement. Different levels of punishment but basically can get the max punishment for the crime committed (principal offense). No death penalty, 1/2 of the confinement for that offense not to exceed 10 yrs.
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Art 80: Attempts
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Attempted to perform the act but failed. Can be convicted even if offense was completed (lesser included). Must arise to more than mere preparation.
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Art 81: Conspiracy
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Even if you are physically unable to commit the primary act you can be held under this charge. Doesn't have to be in writing, just a common understanding must exist. Overt act doesn't itself have to be criminal and the act must be intended to effect the commision of the intended offense. Max: same as the offense committed. No death, no min punishments provisions, no confinement in excess of 20 years (unless attempted murder then ok for 21 or more years confinement).
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Death Penalty
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Must be authorized in UCMJ. Written notice must be given to DC before arraignment. Unanimous sentencing. Substantial factors outweigh the mitigating factors (ie. bad childhood).
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