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Show 10 Hilltop Times COMMENTS June 1, 1990. Military justice code receives praise in the civil sector are no less significant. In most states, investigators are not required to read you your rights until you are arrested. Under military justice, investigators must notify you of your rights even before questioning, if they suspect you of a crime. Unlike the majority of civil systems, we are entitled to free counsel, regardless of financial status, as early as the investigation stage, even if not rested. Another key difference emerges in the grand jury stage of criminal proceedings. In a civil system, a prosecutor can introduce evidence and witnesses against you at a grand jury hearing. You have no right to be present, have your counsel present, or dispute the evidence. If an indictment is returned, you face a trial as your only chance to dispute the case. Under the military's Article 32 investigation a grand jury equivalent an impartial investigating officer reviews evidence and sends recommendations to the convening authority . During the investigation, you have a right to counsel, to be present at the hearing, to have counsel present, to witnesses and to introduce evidence on your behalf. Consequently, many cases investigated under Article 32 never go to trial. The sentencing process is also different. A person found guilty in a civilian trial normally is sentenced by a judge who has reviewed a probation report that may contain hearsay or unveriv fied allegations. Under the military system, however, you would be sentenced in the sentencing stage of the same trial by your choice of court members or the judge. Rules of evidence still apply and only properly admissible evidence may come before the court, keeping out much of what a civilian probation report contains. Editor's note: Major Halbert is deputy staff judge advocate with the 21st Tactical Fighter Wing. Article courtesy of Air Force News Service. by Maj. Gary L. Halbert Elmendorf AFB, Alaska sharp contrast to the type of military law in effect as late as the Korean War, prominent scholars view the present as an system exceptionally fair one. Attorneys F. Lee Bailey and Melvin Belli praise the constitutional protections now firmly ingrained in the Uniform Code of Military Justice. For those who still maintain a cynical view of the system, let me explain why I believe we now have one of the fairest in the country. The early colonists modeled the Articles of War in 1776 after British military justice, a system traced to Roman armies. During the first 100 years of American, history, our military justice evolved gradually with little change, but the 20th century brought dramatic developments. Congress made substantial changes in the Articles of War of 1916. That revision, however, did not stand the heat of combat; many returned from World War I with bitter complaints about military justice, so 1920 saw another major revision. World War II also produced a backlash with major criticism focused on the process from beginning to end. Major changes followed in 1948 and, in 1950, the first Uniform Code of Military Justice passed Congress. More changes in 1968, 1969 and 1984 brought about v what we have today. The code is the broad framework of military l, law. The Manual for promulgated under authority vested in the president, is a detailed guide for interpreting and using the code. As a result of this historical process, the current system has broader protections than those found in civilian criminal justice systems. While our present system forbids unlawful command influence in the process, commanders still can consider or Dn court-marti- cross-exami- al l, administrative avenues. In addition to a commander can choose from a variety of measures, including extra training, reductions in rank or written or oral reprimands. A commander can handle offenses, including some felonies, through punishment under Article 15 of the code. On the civilian side, prosecution means a criminal conviction on one's record, something a military member avoids under Article 15. Other areas where our protections surpass those court-martia- Courts-Martia- court-marti- non-judici- al al non-puniti- ve ne - .: -- i 9m Mm. I I I mm Wm rads. EST"? withi lftllltKIT ' BKE8L .drum per axel on I w T1"6 I Nii!?yu discounts. any I Expires June 30, 1990 A WHEEL I I STATE 24.95 INSPECTION ALIGNMENT Computerized 4 wheel alignment 0 1 Q95 Price includes retine disc 11IUPPI 'mi w ,J9.39 adjustment Most can. rear shims. Chevettes. fieros extra. 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