Posted on Dec 28, 2015
Should Commanders have UCMJ authority in a garrison environment or should this authority be given to JAG alone?
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*Edit. I've adjusted the question so that it is clearer.
I think that Commanders in a garrison environment should have not UCMJ authority especially since UCMJ and Criminal Law in America do not operate under the same standards.
Just to clarify, I am facing a courts martial for alleged sexually assault. I am asking whether Commanders should have UCMJ authority in a garrison environment as opposed to a deployed environment where courts are not readily available.
Additionally, if you view my group at http://www.facebook.com/withutheapp/ you'll cleally see that I am trying to solve the problem. I've been working on the project for a year. So I'm not trying to skirt the judicial process. I'm really just trying to ensure that justice is served.
I think that Commanders in a garrison environment should have not UCMJ authority especially since UCMJ and Criminal Law in America do not operate under the same standards.
Just to clarify, I am facing a courts martial for alleged sexually assault. I am asking whether Commanders should have UCMJ authority in a garrison environment as opposed to a deployed environment where courts are not readily available.
Additionally, if you view my group at http://www.facebook.com/withutheapp/ you'll cleally see that I am trying to solve the problem. I've been working on the project for a year. So I'm not trying to skirt the judicial process. I'm really just trying to ensure that justice is served.
Posted in these groups: 
UCMJ
Article 15
UCMJ Article 15
Edited >1 y ago
Posted >1 y ago
Responses: 45
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What is your alternative? There is a reason for the difference between the UCMJ and civilian criminal laws. That is because of the difference in what the military does vs. all other jobs. The chain of command needs to maintain discipline in the ranks. That is why there is Article 15. If a commander cannot exercise discipline, what do you think would happen? And a commander does not take any of these actions in isolation. They get legal counsel before any kind of legal action and before most administrative actions.
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LTC (Join to see)
No. Civilian legal entities do not deal with "Failure to obey", "Desertion", or a host of other additional requirements you agreed upon when you signed on the line and raised your hand.
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1LT (Join to see)
LTC (Join to see) Sir, I think JAG would be able to prosecute all UCMJ infractions. Additionally, they would be able to best determine whether offenses could be prosecuted or would be a waste of resources to attempt to prosecute.
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COL Jon Thompson
1LT (Join to see) - Now that I am reading this on my laptop and not my iPhone, I read your entire post as I missed the part about you being charged with sexual assault. I hope you have consulted legal counsel and if I were you, I would ask them about whether or not you should post these things. If you are looking for sympathy to your case, I cannot do that because I don't know any of the details. It is imperative for a commander to have UCMJ authority, which by the way does not change between garrison and deployment. A commander will still go with legal advice from the JAG officer assigned to the unit. That advice will be based on the merits of the case. Your counsel should cover all of that with you and give you advice. If you want, hire a civilian counsel to represent you.
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1LT (Join to see)
COL Jon Thompson, I'm not looking for sympathy at all. I've stated this on multiple posts that this has nothing to do with the allegations made against me. It is simply the question in a vacuum. I've only posted that information at the top because everyone seems to think that any question that I ask on RP is somehow tied to my court martial. I haven't broken any UCMJ articles by asking this question and this is the reason that people are afraid to use/post on RP because of threats like those pointed out by CPT Tony Forbes. Discussions like these help strengthen an organization and are not a detriment to the good order and discipline of a unit. It is my belief that Leaders, who are doing the right things legal AND MORALLY, are not concerned with these types of discussions; however, those who are doing one or the other--but not both--are bother by such discussions.
With regard to SHARP, if you look at my project, WithU, then you'll see that I have not tried to garner sympathy/support from anyone. I simply want to solve the problem inherent to the SHARP program and obtain justice for all parties involved in any SHARP case.
With regard to SHARP, if you look at my project, WithU, then you'll see that I have not tried to garner sympathy/support from anyone. I simply want to solve the problem inherent to the SHARP program and obtain justice for all parties involved in any SHARP case.
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It's simple.
If you don't trust your Commander, or the system, use the Courts Martial. You IMMEDIATELY take it out of their hands. You have a RIGHT to Courts Martial.
If you trust your Local Commander, and the system, use them. You still have the Right to CONSULT Legal Consul. You still have the Right to Appeal the decision.
If you don't trust your Commander, or the system, use the Courts Martial. You IMMEDIATELY take it out of their hands. You have a RIGHT to Courts Martial.
If you trust your Local Commander, and the system, use them. You still have the Right to CONSULT Legal Consul. You still have the Right to Appeal the decision.
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1LT (Join to see)
Sgt Ronald Petroski - This isn't about my court martial, but it appears that this whole discussion has turned into just that... Nonetheless, I do have evidence against these claims, but it doesn't take away from the anxiety.
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Sgt Ronald Petroski
Let the evidence speak for its self. Its like playing cards, never let them see your hand until the last card is dealt. I was also full of anxiety until i played my hand.
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Sgt Aaron Kennedy, MS
SPC Whitney Olson - Alright. Let's address this point by point.
1) Whose responsibility is it to report in or knowing that you have to report in, ask is there any deviations from standard protocol? Reporting to an NCO/Officer is a basic skill.
2) This is what "Open Door" policies are for. If your PSG is gaffing you off. Especially on career matters, you escalate to the 1SG. I GUARANTEE the 1SG will light him up. If he does it on an NJP matter regarding an appeal during the 5 day "grace" he'll likely end up with one himself. The phrase "If you aren't going to help me, can I speak to the 1SG" does wonders."
3) I realize that you feel that "leadership" may have hung you out to dry (remember, I only see half the story), however remember both the 1SG and the commander reviewed the case against you as well. You would have also had the chance to fight it and present evidence on your behalf.
As I said, failure to exercise your Rights is not the same as not having them. It's a hard lesson, but one you have to remember.
1) Whose responsibility is it to report in or knowing that you have to report in, ask is there any deviations from standard protocol? Reporting to an NCO/Officer is a basic skill.
2) This is what "Open Door" policies are for. If your PSG is gaffing you off. Especially on career matters, you escalate to the 1SG. I GUARANTEE the 1SG will light him up. If he does it on an NJP matter regarding an appeal during the 5 day "grace" he'll likely end up with one himself. The phrase "If you aren't going to help me, can I speak to the 1SG" does wonders."
3) I realize that you feel that "leadership" may have hung you out to dry (remember, I only see half the story), however remember both the 1SG and the commander reviewed the case against you as well. You would have also had the chance to fight it and present evidence on your behalf.
As I said, failure to exercise your Rights is not the same as not having them. It's a hard lesson, but one you have to remember.
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LTC Ray Buenteo
Yeah you go ahead and request a court martial for sexual assault . Let us know how that works out for you.
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Not sure what the issue is. The SM always has the right to turn down NJP and go for trial by court martial. Furthermore, every legal team I've worked with will advise commanders that their ART 15 packets do not meet sufficient evidence "beyond a reasonable doubt" if something is lacking.
Have you been a part NJP readings? If not, be advised that these hearings can be about anything from underage drinking to punching cab drivers and vehicular theft. If you took this away from commanders, you would bog down the lawyers beyond their ability to function.
Have you been a part NJP readings? If not, be advised that these hearings can be about anything from underage drinking to punching cab drivers and vehicular theft. If you took this away from commanders, you would bog down the lawyers beyond their ability to function.
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Cpl Benjamin Long
1LT (Join to see) If a person is accused of violating a federal law... Like UCMJ articles... Or title 18 violations.. The sixth amendment states they must have a jury trial to determine guilt or innocence
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Cpl Benjamin Long
1LT (Join to see) The eighth amendment prohibits unusual an cruel punishments and outlaws excessive bail and fines... Punishments don't have to be indentical
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Cpl Benjamin Long
Lt Col Stephen Petzold It's a matter of logistics... Of you jail for zero tolerance then you won't have any employees or troops left in your unit because they will be imprisoned for a variety of ugly rule violations.
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Cpl Benjamin Long
CPL Jay Strickland I think serious crimes should be handed over to civilian courts... Murder and drug trafficking is routine in those court rooms so they would have better judgement.
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