Module 6: Military Justice Process

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Module 6 Military Justice Process
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In this module, participants will

• Identify the Commanders role in the military
  justice system.
• Compare and contrast military and civilian
  justice systems.
• Examine DoD Directives Victim Bill of Rights.

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Important Note

• When working with military victims of sexual
  assault, it is strongly encouraged that you
  address questions about the military justice
  process to (military) Victim Witness Assistance
  Personnel and SARCs.

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Why a separate justice system for military
personnel?
Are they not subject to the same laws and
protections as civilians?
The answer is YES
and NO
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Uniform Code of Military Justice

• A complete set of criminal laws
• Unique military offenses
• Desertion
• Absence without leave
• Failure to obey
• Dereliction of duty

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DoD Directives 1030.1 Victim Witness Assistance
Program Crime Victim Bill of Rights

• Victims have the following rights
• Treated with fairness and respect
• Reasonably protected from offender
• Notification of court proceedings
• Ordinarily, to be present at public court
  proceedings
• Confer with prosecutor
• Restitution
• Information

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Military SA victims have the right under DoD
policy to not report a sexual assault or not to
participate in the investigation of the assault
once reported.
!
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However, if a victim does decide to report the
crime or if a crime is discovered through avenues
other than those described previously, he/she may
have little control over its investigation.
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Military Criminal Investigative Organization
(MCIO)

• In Sexual Assault Cases
• MCIO investigates allegations in which the
  military is, or may be, a party of interest.
• Primary role is an objective fact finder.

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The Role of the VA During Investigation

• Similar to the civilian victim advocate
• Explain options, roles of responders, process.
• Work with investigators to minimize adverse
  effects of interview.
• Accompaniment to medical/forensic exams and
  interviews.

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The Role of the VA During Investigation

• Unlike the civilian victim advocate
• It is the Victim Witness Assistance Personnel
  (VWAP) who will ensure that victims have an
  understanding of their rights and will help them
  navigate the legal process.

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Military Protection Orders (MPO)

• MPO may direct a Service Member to refrain from
  contacting, harassing, or touching a certain
  named person or may direct a person to stay away
  from certain areas or refrain from doing certain
  acts or activities.

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Military Protection Orders (MPO)

• Generally short-term
• May be written or verbal
• Issued by offenders Commander and thus not
  available for restricted reports

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Military Protection Orders (MPO)

• Because MPOs are limited in scope and are not
  enforceable by other jurisdictions, victims
  should be encouraged to get civilian protection
  from abuse orders which are also enforceable on
  military installations.

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Medical and Forensic Exams

• Victims who make a Restricted or Unrestricted
  Report have access to medical and forensic exams.
• In Restricted Reporting cases evidence collected
  will be held for a period of one year.
• STI and pregnancy testing and oral contraceptives
  will be offered.

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Suspect Rights

• The major differences between the civilian and
  military judicial processes are in the
  apprehension of the suspect
• Miranda Rights
• Article 31 Rights
• Right to Counsel
• Pretrial Confinement in the Military

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The Military Justice Process

• The Role of the Commanding Officer
• No Action
• Administrative Action
• Non-judicial Punishment
• Court-Martial