command influence

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What follows is the story of Homcy's court-martial, the role played by unlawful command influence in it, and the strange resolution of his case many years later.
Under the UCMJ, the defense can raise a motion with the military judge at trial concerning unlawful command influence or improper court member selection.
What follows is the story of Homey's court-martial, the role played by unlawful command influence in it, and the strange resolution of his case many years later.
24) Defense counsel should be alert to the prosecution overreach during rebuttal, as when the TC puts on a commander with limited knowledge of the accused or when such a commander brings with him the specter of unlawful command influence.
By including these agencies in a dual-reporting role, it enables the command (after the initial report) to refer allegations of major crimes to the appropriate investigative agency without a concern about command influence, as subsequent criminal reports are made through appropriate CID and UCMJ reporting channels.
Unlawful command influence (UCI) occurs whenever there is even the appearance that the authority of rank has constrained, coerced, or otherwise improperly influenced the independent discretion of any of the key players in the military justice system.
The second issue of the Symposium, to be published in March 2010, will contain faculty-authored articles on aggravation evidence, charging webcam-related sex crimes, new developments in guilty pleas and pre-trial agreements, unlawful command influence committed by judge advocates, the evolution of the Sexual Assault Prevention and Response Program, and professional responsibility for military justice practitioners.
1) They serve as a reminder that unlawful command influence is still "the mortal enemy of military justice," (2) and that all military justice practitioners must be vigilant to prevent even the appearance of impropriety in this area.
Volume II of the symposium will appear in the next edition of The Army Lawyer, and will contain articles on the Fourth Amendment, the Sixth Amendment, pleas and pretrial procedures, sentencing and post-trial, professional responsibility, speedy trial and pretrial restraint, and unlawful command influence.
Congress established the Court of Appeals for the Armed Forces (CAAF) as a bulwark against unlawful command influence.
In this issue, the criminal law faculty analyzes cases and developments in the areas of evidence, self incrimination, and unlawful command influence.

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