There are new changes to the Article 32 Pretrial Investigation process for Courts-Martial. If you are pending charges at a General Court-Martial, it is important you speak with an experienced attorney to help guide you through these changes.

The changes are significant and may have an effect on the outcome of your trial, so you want to ensure you have an experienced attorney accounting for those changes in your defense strategy.

The Center for Military Law L.L.C. is prepared to represent U.S. Military men and women in a variety of military law actions worldwide.  We are skilled in handling criminal, administrative, and tort actions.  If you think you may need an attorney for any of these types of actions and wish to speak with an attorney for a FREE CONSULTATION, call (844) FOR-CFML (367-2365) or visit our website at www.centerformilitarylaw.com.

Below is the distributed executive summary of changes. 

Executive Summary of 2014 Amendments to the Manual for Courts-Martial  

Generally.  The 2014 Amendments to the Manual for Courts-Martial implement six changes to military justice practice.  First, amendments to Rules for Courts-Martial 405 and 703 implement a provision of the National Defense Authorization Act for Fiscal Year 2012 by prescribing rules for issuing subpoenas duces tecum to obtain evidence for pretrial investigations.  Second, the amendment to Rule for Courts-Martial 405(i) requires investigating officers at pretrial investigation hearings to use the same procedures to protect sexual assault victim witnesses from improper questioning as military judges use at courts-martial.  Third, amendments to Rules for Courts-Martial 1103 and 1104 implement a provision of the National Defense Authorization Act for Fiscal Year 2012 requiring that in sex offense cases, a copy of the record of trial be given to any victim who testified at trial.  Fourth, amendments to Rules for Courts-Martial 1105, 1106, 1107, and 1306  implement a provision in the National Defense Authorization Act for Fiscal Year 2014 by establishing procedures for victims to submit matters to the convening authority before he or she acts on the court-martial’s findings and sentence.  Fifth, amendments to Rule for Courts-Martial 1107 and its analysis implement a provision in the National Defense Authorization Act for Fiscal Year 2014 by prohibiting the convening authority, when acting on a case, from considering any matter relating to a victim’s character that was not admitted into evidence at trial.  Sixth, the amendment to Rule for Courts-Martial 306’s discussion implements a provision in the National Defense Authorization Act for Fiscal Year 2014 by deleting references to the accused’s character and military service as factors a commander should consider when disposing of charges.