reglab/statecodes huggingface dataset:
Louisiana Administrative Code › Title 41 - MILITARY FORCES OF THE STATE › Part II - Military Justice › Chapter 1 - General › Section II-108 - Prospective Application of Amendments

Current through Register Vol. 50, No. 6, June 20, 2024
A. All references made to any provisions of
				the LCMJ, MCM, federal or state statutes, rules, or regulations shall
				automatically include amendments and additions thereto now or hereafter
				made.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  29:11(F).
Louisiana Administrative Code › Title 41 - MILITARY FORCES OF THE STATE › Part II - Military Justice › Chapter 1 - General › Section II-109 - Construction and Precedence

Current through Register Vol. 50, No. 6, June 20, 2024
A.
				Principles of Construction. This Regulation and other military justice source
				materials shall be construed to secure simplicity in procedure, elimination of
				unjustifiable expense and delay, and fairness and efficiency in administration
				to the end that truth may be ascertained and proceedings justly
				determined.
B. Order of Precedence.
				Unless express authority or the context clearly indicate otherwise, the
				following authorities are applicable to the administration of military justice
				under the LCMJ in the following order of precedence:
1. the LCMJ and other provisions contained in
				La. Revised Statutes Title 29 [See, e.g. La.
				R.S.
				29:11(F).];
2. the Military Rules of Evidence (M.R.E.)
				and Rules for Courts-Martial (R.C.M.);
3. Louisiana laws concerning criminal trials
				and procedures (e.g. La. C.Cr.P., La. C.E., etc);
4. the UCMJ.
Louisiana Administrative Code › Title 41 - MILITARY FORCES OF THE STATE › Part II - Military Justice › Chapter 1 - General › Section II-110 - Forms

Current through Register Vol. 50, No. 6, June 20, 2024
A. Prescribed
				Forms. Certain forms in use by Louisiana and/or United States military forces
				are referred to herein. The use of any particular form described in connection
				with military justice actions is preferred but not mandatory. Variance from the
				specified forms does not constitute a jurisdictional defect or invalidate any
				proceeding.
B. Non-prescribed
				Forms. If a Department of Defense, Army, or Air Force form is available for
				certain purposes, it may be modified to comply with this Regulation and/or the
				LCMJ, and may be used for state purposes.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  29:11(F).
Louisiana Administrative Code › Title 41 - MILITARY FORCES OF THE STATE › Part II - Military Justice › Chapter 1 - General › Section II-111 - Jurisdictional Alignment of Louisiana Guard Units

Current through Register Vol. 50, No. 6, June 20, 2024
A. The Adjutant General and Governor are the
				General Court-martial convening authorities. As such TAG or the Governor may
				publish a Jurisdictional alignment of units designating the Special Court
				Martial Convening Authorities and Summary Court-Martial Convening Authorities
				and the units under the jurisdiction of such authorities. TAG or the Governor
				may delegate to SPCMCA's the authority to jurisdictionally align their own
				subordinate units. This delegation must be in writing.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  29:11(F).
Louisiana Administrative Code › Title 41 - MILITARY FORCES OF THE STATE › Part II - Military Justice › Chapter 2 - Basics of Military Justice › Section II-201 - The Commander's Role

Current through Register Vol. 50, No. 6, June 20, 2024
A. The
				commander has the primary role in the administration of military justice. He is
				responsible for both enforcing the law and protecting the rights of the
				individual service member. Generally, the commander is one of the first to
				learn of conduct of one under his command that might require non-punitive
				disciplinary measures, non-judicial punishment or court-martial action. The
				commander's duties are two-fold. First, he has a duty to investigate the
				circumstances of a possible infraction and secondly, to determine the
				appropriate action. Factors such as the seriousness of the offense, the intent
				or lack thereof, the age, experience and any special qualifications of the
				offender, the past performance and record of the service member, and the state
				of morale and discipline in his unit will influence whether the commander
				prefers charges by a court-martial or disposes of the matter with non-punitive
				disciplinary action or non-judicial punishment. The commander has strong powers
				to exact obedience. But military justice should be restrained and graduated to
				"fit the crime." The commander should act objectively and calmly, and should
				never resort to scorn or ridicule. All facts should be collected and carefully
				considered before acting. The commander's choice of action will depend in part
				on the nature of the misconduct; it will also depend upon the goal sought. The
				commander shall consult with his servicing judge advocate.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  29:11(F).
Louisiana Administrative Code › Title 41 - MILITARY FORCES OF THE STATE › Part II - Military Justice › Chapter 2 - Basics of Military Justice › Section II-202 - Professional Standards of Conduct

Current through Register Vol. 50, No. 6, June 20, 2024
A. The Louisiana Code of Judicial Conduct and
				Louisiana Rules of Professional Responsibility are applicable to judges and
				lawyers involved in Louisiana National Guard courts-martial. The Army Rules of
				Professional Conduct, Army Regulation 27-26 applies to all Army judge advocates
				and paralegals in the Louisiana National Guard. The Air Force Rules of
				Professional Conduct, TJS-2 applies to all Air Force judge advocates and
				paralegals in the Louisiana National Guard. Any allegation of a violation of
				such rules will be processed in accordance with Army Regulation 27-1 or TJS-2,
				as applicable.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  29:11(F).
Louisiana Administrative Code › Title 41 - MILITARY FORCES OF THE STATE › Part II - Military Justice › Chapter 2 - Basics of Military Justice › Section II-203 - Unlawful Command Influence

Current through Register Vol. 50, No. 6, June 20, 2024
A. Convening Authority's Proper Role. The
				LCMJ permits the convening authority to play a dominant role in the
				court-martial process before and after trial. Before trial, the convening
				authority decides whether to convene a court-martial and refers the case to
				trial. After the trial, the convening authority has broad powers of clemency.
				But while the convening authority plays a dominant role before and after trial,
				the LCMJ has provisions to assure the independence of the court-martial during
				trial.
B. Specific Prohibitions.
				Superiors may not direct how subordinate commanders' act on cases over which
				authority to act has not been withheld or restricted. A superior who believes a
				specific action (such as imposing non-judicial punishment, referring a case to
				trial, or ordering pretrial confinement) should be taken may not order the
				subordinate to take the desired action. Rather, until the accused has been
				arraigned on a charge, the superior retains authority to order that charge
				referred to him for disposition; after arraignment, the superior has no
				authority to take action on the charge. [See LCMJ Article 37, R.C.M.
				104]
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  29:11(F).
Louisiana Administrative Code › Title 41 - MILITARY FORCES OF THE STATE › Part II - Military Justice › Chapter 3 - Investigating and Obtaining Evidence › Section II-301 - Sources of Information

Current through Register Vol. 50, No. 6, June 20, 2024
A. A
				commander may receive information from many sources that an offense may have
				been committed by one of his Service members. For example, the unit commander
				himself may witness an offense, someone within the unit may report the offense,
				or a higher headquarters may forward a report for action. When a superior
				commander asks that a report be investigated and the disposition reported, the
				request should not be construed or interpreted as a directive to take
				disciplinary action.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  29:11(F).
Louisiana Administrative Code › Title 41 - MILITARY FORCES OF THE STATE › Part II - Military Justice › Chapter 3 - Investigating and Obtaining Evidence › Section II-302 - Command Responsibilities

Current through Register Vol. 50, No. 6, June 20, 2024
A.
				General. Regardless of how the commander learns of an alleged offense, he must
				insure that the matter is promptly and adequately investigated.
B. Reporting. Any incident which may generate
				widespread adverse publicity or which may damage public confidence in the
				organized militia shall be reported to the Adjutant General through
				channels.
C. Investigation. The
				investigation should provide the unit commander with sufficient information to
				make an intelligent and appropriate disposition of the incident report. The
				commander may conduct the inquiry himself or he may direct some other competent
				individual to do it. In serious cases, consideration should be given to use of
				law enforcement professionals, such as the Military Police or Criminal
				Investigation Division. The investigator should collect and present all
				information which may prove or disprove the allegation of misconduct. The
				investigation should address itself to three primary questions .
1. Was an offense committed?
2. Was a service member involved in the
				offense?
3. What is the character
				and military record of the suspected service member?
Louisiana Administrative Code › Title 41 - MILITARY FORCES OF THE STATE › Part II - Military Justice › Chapter 3 - Investigating and Obtaining Evidence › Section II-303 - Questioning Suspects and Witnesses, Generally

Current through Register Vol. 50, No. 6, June 20, 2024
A. It is the duty of the unit commander to
				insure prompt investigation of the circumstances of an alleged crime and to
				examine the facts relevant to the guilt or innocence of the accused. All
				necessary witnesses as well as the suspects, should be interviewed. Interviews
				should be conducted fairly and, because memories fade, as soon as possible. The
				questioning of any suspect must begin with a warning of his rights under LCMJ
				Article 31 and his right to counsel. An investigation may be complicated or
				simple. In either case, the investigator will want to question both the suspect
				and the witnesses. Not all cases will require formal statements. In the simple
				case, sufficient facts may be obtained without written statements.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  29:11(F).
Louisiana Administrative Code › Title 41 - MILITARY FORCES OF THE STATE › Part II - Military Justice › Chapter 3 - Investigating and Obtaining Evidence › Section II-304 - LCMJ Article 31 Warning/Right to a Lawyer

Current through Register Vol. 50, No. 6, June 20, 2024
A. General. Service members suspected of a
				violation of the LCMJ shall be advised of their Article 31 rights. A confession
				or admission made by such a suspect who has not been advised of his rights may
				result in the confession or admission being inadmissible against him
				court-martial. It is possible that an accused may still be convicted because of
				other evidence of guilt which is admissible .
1. Procedure. The following procedure must be
				carefully followed in questioning a suspect to insure that his statements are
				admissible in court proceedings (DA Form 3881 Rights Warning Procedures/Waiver
				Certificate, See Figure 5.7):
a. Before
				asking any questions pertaining to the case, first inform the individual: "You
				are suspected of committing the following offense(s) which is (are)
				violation(s) of the Louisiana Code of Military Justice. Before I ask you any
				questions, you must understand your rights. You have the right to remain
				silent. Any statement you make may be used as evidence against you in criminal
				or administrative proceedings. You have the right to consult with a lawyer
				before being asked any questions and to have the lawyer present with you during
				questioning. You may hire a civilian lawyer at no cost to the government or a
				military lawyer will be detailed for you at no cost to you. Even if you decide
				to answer questions now without having a lawyer present, you may stop answering
				questions until you consult with a lawyer."
b. After this statement is made, the suspect
				should be asked if he understands his rights. When the investigator is
				satisfied that the suspect understands these rights, then the following two
				questions should be asked:
(a). "Do you want a
				lawyer?" and
(b). "Do you want to
				answer any questions or make a statement?"
Louisiana Administrative Code › Title 41 - MILITARY FORCES OF THE STATE › Part II - Military Justice › Chapter 3 - Investigating and Obtaining Evidence › Section II-305 - Written Statements

Current through Register Vol. 50, No. 6, June 20, 2024
A.
				Procedure. The best means for making an accurate and complete record of the
				information obtained in the investigation is the sworn statement. A sworn
				statement (affidavit) is a written statement of facts given by a witness or
				suspect who states under oath or affirmation that the contents of his statement
				are true. All persons who are detailed to conduct the investigation are
				authorized by LCMJ Article 136 to administer oaths in conjunction with sworn
				statements taken in the course of a preliminary investigation. No special form
				is required to make this sworn statement. If the statement is to be taken from
				a suspect, DA Form 3881 (Rights Warning Procedures/Waiver Certificate) should
				be completed and signed by the suspect before taking his statement. A copy of
				DA Form 3881 is Figure 5-7, which may be used with appropriate changes in the
				body from "UCMJ" to "LCMJ". [See paragraph 1-10.] After a suspect has signed
				the DA Form 3881 and waived his rights to remain silent, his statement may be
				taken on DA Form 2823 (Sworn Statement). DA Form 2823 (Sworn Statement) may
				also be used for the sworn statement of a witness. Since the witness is not a
				suspect, this latter form has no provision for a warning of his rights. The
				language of the witness or suspect should be used throughout the statement even
				though it may be vulgar, grammatically incorrect, or illogical. This insures
				that the writing is the witness's statement and not the composition of the
				investigating officer. The statement may be written in narrative form or story
				form, in question and answer form, or both. An appropriate oath for completing
				the sworn statement may be administered as follows:
1. "Do you swear (or affirm) that the
				statements you have made are the truth, the whole truth and nothing but the
				truth (so help you God)?"
2. The
				person administering the oath must sign his own name.
Louisiana Administrative Code › Title 41 - MILITARY FORCES OF THE STATE › Part II - Military Justice › Chapter 3 - Investigating and Obtaining Evidence › Section II-306 - Oral Statements

Current through Register Vol. 50, No. 6, June 20, 2024
A.
				When a suspect waives his rights under LCMJ Article 31 and his right to
				counsel, but refuses to sign a statement, the investigator may make a summary
				of his remarks. This summary or oral statement may be admissible in a trial by
				courts-martial. The oral statement of a suspect concerning his part in an
				offense made to a person who is not investigating the case or which was blurted
				out spontaneously to the investigator before the rights warning was
				administered may also be admissible in a trial by court-martial. If possible,
				have critical oral statements witnessed by at least one disinterested
				individual.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  29:11(F).
Louisiana Administrative Code › Title 41 - MILITARY FORCES OF THE STATE › Part II - Military Justice › Chapter 3 - Investigating and Obtaining Evidence › Section II-309 - Safeguarding Evidence, Generally

Current through Register Vol. 50, No. 6, June 20, 2024
A. Drugs, weapons, clothing, and other items
				related to an alleged offense are physical evidence of crimes. The unit
				commander must preserve and safeguard any physical evidence in his custody.
				Physical evidence should be handled by as few persons as possible since anyone
				who touches it may be required to appear at the trial. In order to properly
				safeguard physical evidence, it must be carefully marked to insure the later
				identification. A chain of custody document must be initiated, such as DA Form
				4137, Physical evidence should be turned over to investigating officer as soon
				as possible.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  29:11(F).
Louisiana Administrative Code › Title 41 - MILITARY FORCES OF THE STATE › Part II - Military Justice › Chapter 3 - Investigating and Obtaining Evidence › Section II-310 - Chain of Custody

Current through Register Vol. 50, No. 6, June 20, 2024
A.
				When an item of physical evidence is introduced at trial, counsel must show
				that it is the same item that was found at the scene of a crime or otherwise
				connected with the offense and that the item has not been materially altered.
				The chain of custody document is a written record listing all persons who have
				handled an item from the time it was originally identified as evidence until
				the time of trial. Therefore, secure storage for such evidentiary items is
				crucial. Coordination with the servicing staff Judge Advocates and, if
				available, active component CID personnel and/or local law enforcement
				authorities should prove useful in this regard.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  29:11(F).
Louisiana Administrative Code › Title 41 - MILITARY FORCES OF THE STATE › Part II - Military Justice › Chapter 3 - Investigating and Obtaining Evidence › Section II-311 - Marking Evidence

Current through Register Vol. 50, No. 6, June 20, 2024
A.
				Physical evidence must be marked immediately by the first person who assumes
				custody to insure that he will be able to identify it at trial. This mark may
				be placed on the item itself and is usually the person's initials, the date,
				and time. The chain of custody record should briefly describe the item and the
				date and place of its discovery. One acceptable method of marking difficult
				items is with typewriter correction fluid, which will accept pen or pencil
				markings once dry. If the evidence simply cannot be marked, it should be placed
				in a sealed container and the container suitably marked and dated.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  29:11(F).
Louisiana Administrative Code › Title 41 - MILITARY FORCES OF THE STATE › Part II - Military Justice › Chapter 3 - Investigating and Obtaining Evidence › Section II-312 - Perishable and Unstable Items

Current through Register Vol. 50, No. 6, June 20, 2024
A.
				Perishable and unstable items of evidence require special attention. They must
				be photographed or otherwise preserved. Professional assistance is necessary,
				for example, to preserve a fingerprint or a tire track in the dirt. Military
				police, CID, and/or local law enforcement officials may be of assistance in
				this regard. Contact your Judge Advocate if in doubt.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  29:11(F).
Louisiana Administrative Code › Title 41 - MILITARY FORCES OF THE STATE › Part II - Military Justice › Chapter 3 - Investigating and Obtaining Evidence › Section II-313 - Flagging Action, Generally

Current through Register Vol. 50, No. 6, June 20, 2024
A. When it appears that action may be
				initiated which could result in a court-martial, disciplinary action, or
				elimination proceedings, the commander must initiate flagging action against
				the service member pursuant to AR 600-8-2, (DA Form 286, Suspension of
				Favorable Actions). This suspends all favorable personnel action. In no case
				will flagging action be used as a punitive or disciplinary measure.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  29:11(F).
Louisiana Administrative Code › Title 41 - MILITARY FORCES OF THE STATE › Part II - Military Justice › Chapter 3 - Investigating and Obtaining Evidence › Section II-314 - Courts of Inquiry

Current through Register Vol. 50, No. 6, June 20, 2024
A.
				General. A court of inquiry is a formal, fact-finding tribunal authorized by
				LCMJ Article 135. It may be convened by the Governor to investigate any matter
				of concern to the Louisiana National Guard whether or not the persons involved
				have requested such an inquiry.
B.
				Policy. LANG policy is that a court of inquiry will not be convened to
				investigate a particular matter to ascertain the facts if there are other
				satisfactory means available (prescribed by law or regulation or authorized by
				the customs of the service). Under this policy, it is proper to convene a court
				of inquiry only when-
1. The matter to be
				investigated is one of grave importance to the Louisiana National Guard or an
				individual.
2. The testimony is
				expected to be so diverse, complicated, conflicting, or difficult to obtain
				that a court of inquiry can best:
a. procure
				the pertinent evidence;
b.
				ascertain the true facts; and/or
c.
				assist the convening or superior authority in determining what action should be
				taken.
3. Procedures.
				The procedures applicable to courts of inquiry shall parallel those prescribed
				in active component regulations, except as otherwise specifically set forth in
				LCMJ 135 or necessitated by the peculiar nature of the Louisiana National
				Guard. [See AR 27-10, Chapter 10.] Counsel appointed to advise a court of
				inquiry shall advise the president on issues of procedural and substantive law,
				and the president's ruling on such issues shall be binding on the court and all
				participants.
Louisiana Administrative Code › Title 41 - MILITARY FORCES OF THE STATE › Part II - Military Justice › Chapter 4 - Non-Judicial Punishment › Section II-401 - Applicability, Generally

Current through Register Vol. 50, No. 6, June 20, 2024
A. A
				commanding officer of the organized militia may impose non-judicial punishment
				for minor offenses upon military personnel of his command under the provisions
				of LCMJ Article 15. He should distinguish non-judicial punishment from
				non-punitive disciplinary measures, such as reprimands, administrative
				reductions, and corrective training. Non-judicial punishment is a disciplinary
				measure more serious than the administrative corrective measures, but less
				serious than trial by court-martial. Non-judicial punishment provides
				commanders with an essential and prompt means of maintaining good order and
				discipline and also promotes positive behavior changes in service members
				without the stigma of a court-martial conviction. It is important to note that
				non-judicial punishment is imposed to correct misconduct which violates the
				LCMJ.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  29:11(F).
Louisiana Administrative Code › Title 41 - MILITARY FORCES OF THE STATE › Part II - Military Justice › Chapter 4 - Non-Judicial Punishment › Section II-402 - Prerequisites

Current through Register Vol. 50, No. 6, June 20, 2024
A. General. Before
				taking action under LCMJ Article 15, the commanding officer must satisfy
				himself that:
1. based on a swiftly
				conducted, fair, and impartial preliminary factual investigation, the alleged
				misconduct actually was committed by the accused Service member (see Chapter
				3);
2. the misconduct was an
				offense under the Louisiana Code of Military Justice. This can be verified by
				consulting the "elements of the offense" analysis found under the analogous
				UCMJ punitive article in Part IV of the most current Manual for Courts
				Martial;
3. non-judicial punishment
				is appropriate to the offense in view of the nature and circumstances of the
				alleged misconduct and the Service member's past record. Stated another way,
				non-punitive measures are simply inadequate or inappropriate, and the violation
				is of a "minor" nature not warranting court-martial.
Louisiana Administrative Code › Title 41 - MILITARY FORCES OF THE STATE › Part II - Military Justice › Chapter 4 - Non-Judicial Punishment › Section II-403 - Persons Who May Be Punished

Current through Register Vol. 50, No. 6, June 20, 2024
A. The
				Adjutant General reserves disposition authority over all officer and senior
				noncommissioned officer in the grade of E7 and above offenses. Unit commanders
				will forward all offenses of officer and senior noncommissioned officer
				offenses through the DRU commanders to The Adjutant General.
B. Except as provided by subparagraph (a) of
				this Paragraph, unit commanders may impose non-judicial punishment upon
				enlisted members of their command. For purposes of Article 15, military
				personnel are considered to be "of the command" of a commander if they are:
1. assigned to an organization commanded by
				that commander.
2. affiliated with
				the command (by attachment, detail, or otherwise) under conditions, either
				expressed or implied, which indicate that the commander and the commander of
				the unit to which they are assigned are to exercise administrative or
				disciplinary authority over them.
3. unit commanders may impose non-judicial
				punishment upon enlisted members of their command.
Louisiana Administrative Code › Title 41 - MILITARY FORCES OF THE STATE › Part II - Military Justice › Chapter 4 - Non-Judicial Punishment › Section II-404 - Persons Who May Impose Non-judicial Punishment

Current through Register Vol. 50, No. 6, June 20, 2024
A. General. Non-judicial punishment may be
				imposed by any commanding officer, provided that a superior commander has not
				restricted or withheld his authority to impose punishment on certain categories
				of military personnel or offenses (e.g. officers, senior NCO's, drug offenses,
				etc.) For special rules, see paragraph 4-7 and Figure 4-1.
B. Delegation. The authority given to a
				commander under Article 15 is an attribute of command and cannot be delegated
				except as follows:
1. The Adjutant General
				may delegate his authority under Article 15 to an Assistant Adjutant
				General.
2. The authority delegated
				may only be exercised when the delegate is senior in rank to the person
				punished. A delegate need not, when acting as a superior authority on an
				appeal, be senior in rank to the imposing commander.
3. A delegation of authority shall be in
				writing, and unless limited by its terms, the officer to whom this authority is
				granted may exercise any power that is possessed by the officer who delegated
				the authority.
4. Notification that
				the delegation has been terminated should be made in writing.
Louisiana Administrative Code › Title 41 - MILITARY FORCES OF THE STATE › Part II - Military Justice › Chapter 4 - Non-Judicial Punishment › Section II-406 - Authorized Punishments

Current through Register Vol. 50, No. 6, June 20, 2024
A.
				LCMJ Article 15(B)proscribes the maximum authorized punishments a commander may
				impose under his non-judicial punishment authority. Figure 4-1 contains a chart
				outlining permissible Article 15 maximum punishments and the commanders
				authorized to impose such within the LANG. No additional punishments may be
				imposed under Article 15.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  29:11(F).
Louisiana Administrative Code › Title 41 - MILITARY FORCES OF THE STATE › Part II - Military Justice › Chapter 4 - Non-Judicial Punishment › Section II-407 - Special Rules and Limitations

Current through Register Vol. 50, No. 6, June 20, 2024
A.
				Combinations of Punishments. With the following exception, punishment
				authorized under Article 15 may be combined. No two or more of the punishments
				of arrest in quarters, extra duties, and restriction may be combined to run
				consecutively in the maximum amount imposable for each. Whenever any of those
				punishments are combined to run consecutively, there must be an
				apportionment.
B. Duration of
				Punishments. A withholding of privileges, a restriction to certain specified
				limits or the imposition of extra duties, when imposed as non-judicial
				punishment, may not extend beyond the last day of the training period (MUTA or
				AT) during which such punishment was imposed. No such limitation applies to
				fines or forfeitures.
C. Extra
				Duties Considerations. No extra duties imposed as non-judicial punishment which
				tend to degrade the grade of the person upon whom they are imposed may be
				imposed upon non-commissioned officers.
D. Forfeiture of Pay Considerations. Whenever
				a punishment of forfeiture of pay is imposed under LCMJ Article 15, the
				forfeiture may apply to pay accruing on or after the date that punishment is
				imposed and to any pay accrued after that date.
E. Double Punishment Prohibited. When
				non-judicial punishment has been imposed for an offense, punishment may not
				again be imposed for the same offense under Article 15.
F. Increase in Punishment Prohibited. Once
				non-judicial punishment has been imposed, it may not be increased, upon appeal
				or otherwise.
G. Multiple
				Punishments Prohibited. When a commander determines that non-judicial
				punishment is appropriate for a particular service member, all known offenses
				determined to be appropriate for disposition by non-judicial punishment and
				ready to be considered at that time, including all such offenses arising from a
				single incident or course of conduct, shall ordinarily be considered together,
				and not made the basis for multiple punishments.
H. Statute of Limitations. Except as provided
				in LCMJ Article 43(d), non-judicial punishment may not be imposed for offenses
				which were committed more than 2 years before the date of imposition. [See LCMJ
				Article 43(c).]
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  29:11(F).
Louisiana Administrative Code › Title 41 - MILITARY FORCES OF THE STATE › Part II - Military Justice › Chapter 4 - Non-Judicial Punishment › Section II-409 - Demand for Trial by Court-Martial

Current through Register Vol. 50, No. 6, June 20, 2024
A. Except in the case of a member attached to
				or embarked in a vessel, no non-judicial punishment under the provisions of
				LCMJ Article 15 may be imposed upon any member of the Louisiana National Guard
				if the member has, before the imposition of such punishment, demanded trial by
				court-martial in lieu of such punishment. In such a case, the Article 15 must
				terminate, and the commander must then decide whether to prefer court-martial
				charges and the level of court. The commander need not prefer the charges, but
				will ordinarily do so.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  29:11(F).
Louisiana Administrative Code › Title 41 - MILITARY FORCES OF THE STATE › Part II - Military Justice › Chapter 4 - Non-Judicial Punishment › Section II-410 - Waiver of Court-Martial and Failure to Either Submit Matters or Demand Hearing

Current through Register Vol. 50, No. 6, June 20, 2024
A. If
				the member waives court-martial and neither submits matters in his own behalf
				nor demands a hearing, the commander may immediately impose punishment if
				convinced that a violation has been committed by the member.
Louisiana Administrative Code › Title 41 - MILITARY FORCES OF THE STATE › Part II - Military Justice › Chapter 4 - Non-Judicial Punishment › Section II-411 - Waiver of Court-Martial and Hearing and Submission of Matters

Current through Register Vol. 50, No. 6, June 20, 2024
A. If the service
				member waives both court-martial and an Article 15 hearing but submits matters
				orally or in writing in defense, extenuation, or mitigation, the commander must
				consider these matters before deciding whether to impose non-judicial
				punishment. If the matters persuade the commander that the service member is
				not guilty or that there is some other valid reason for not punishing the
				service member, the commander simply terminates the Article 15 proceeding. If,
				after considering the matters, the commander is still convinced that the
				service member is guilty and that non-judicial punishment is appropriate, the
				commander proceeds to impose punishment.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  29:11(F).
Louisiana Administrative Code › Title 41 - MILITARY FORCES OF THE STATE › Part II - Military Justice › Chapter 4 - Non-Judicial Punishment › Section II-413 - Hearing Procedures

Current through Register Vol. 50, No. 6, June 20, 2024
A.
				General. Unless the service member demands trial by court-martial within the
				decision period, the imposing commander may proceed with the hearing. Located
				at Appendix A of this Regulation is a "Suggested Guide for Conduct of
				Non-judicial Punishment Proceedings." The major functional subdivisions of the
				hearing consist of the following:
1.
				consideration of evidence, written or oral, against the service
				member.
2. examination of available
				evidence by the service member.
3.
				presentation by service member of testimony of available witnesses or other
				matters, in defense, extenuation, and/or mitigation.
4. determination of guilt or innocence by the
				imposing commander.
5. imposition
				of punishment or termination of the proceedings;
6. explanation of right to appeal.
Louisiana Administrative Code › Title 41 - MILITARY FORCES OF THE STATE › Part II - Military Justice › Chapter 4 - Non-Judicial Punishment › Section II-414 - Non-Judicial Punishment Based on Record of Court of Inquiry or Other Investigative Body

Current through Register Vol. 50, No. 6, June 20, 2024
A.
				General. Non-judicial punishment may be based on the record of a court of
				inquiry or other investigative body, in which proceeding the member was
				accorded the rights of a party. No additional proceeding in the nature of a
				hearing is required.
B. Procedure.
				The service member shall be informed in writing that non-judicial punishment is
				being considered based on the record of the proceedings in question, and given
				the opportunity, if applicable, to refuse non-judicial punishment. If the
				service member does not demand trial by court-martial, the service member may
				submit, in writing, any matter in defense, extenuation, or mitigation, to the
				officer considering imposing non-judicial punishment, for consideration by that
				officer to determine whether the member committed the offenses in question,
				and, if so, to determine an appropriate punishment.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  29:11(F).
Louisiana Administrative Code › Title 41 - MILITARY FORCES OF THE STATE › Part II - Military Justice › Chapter 4 - Non-Judicial Punishment › Section II-415 - Specific Punishments

Current through Register Vol. 50, No. 6, June 20, 2024
A.
				General. Whether to impose punishment and the nature of the punishment are the
				sole decisions of the imposing commander. However, commanders are encouraged to
				consult with their NCO's on the appropriate type, duration, and limits of
				punishment to be imposed. Additionally, as NCO's are often in the best position
				to observe a service member undergoing punishment and evaluate daily
				performance and attitude, their views on clemency should be given careful
				consideration.
B. Restriction.
				Restriction may be imposed with or without suspension from duties. Normally,
				the limits of the restriction should be announced at the time punishment is
				imposed. However, the imposing commander, a successor-in-command, and any
				superior authority may change the specified limits of restriction; e.g., if a
				service member is transferred or assigned duties at another location after
				imposition and before the term or restriction is completed. The limits of
				restriction, as changed, will be generally no more restrictive (unless required
				by military exigencies) than the limits originally imposed. Restrictions during
				periods other than IDT or AT require that the accused be placed on duty
				orders.
C. Extra Duties. Extra
				duties may be required to be performed at anytime and, within the duration of
				the punishment, for any length of time. Extra duties during periods other than
				IDT or AT require that the accused be placed on duty orders. Extra duties may
				include the performance of fatigue duty or of any other military duty. No extra
				duty may be imposed that:
1. constitutes
				cruel or unusual punishment or a punishment not sanctioned by the customs of
				the service (e.g., using the offender as a personal servant);
2. is a duty normally intended as an honor,
				such as assignment to a guard of honor;
3. is required to be performed in a
				ridiculous or unnecessarily degrading manner (e.g., an order to clean a
				barracks floor with a toothbrush);
4. constitutes a safety or health hazard to
				the offender; or
5. would demean
				the service member's position as a NCO or specialist.
Louisiana Administrative Code › Title 41 - MILITARY FORCES OF THE STATE › Part II - Military Justice › Chapter 4 - Non-Judicial Punishment › Section II-416 - Appeals, Generally

Current through Register Vol. 50, No. 6, June 20, 2024
A.
				Timeliness. Only one appeal is permissible under Article 15 proceedings. An
				appeal not made within a reasonable time may be rejected as untimely by the
				superior authority. A reasonable time will vary according to the situation;
				however, an appeal (including all documentary matters) submitted more than five
				days after the punishment is imposed will be presumed to be untimely unless the
				superior commander, in his sound discretion for good cause shown, determines it
				to be timely.
B. Change of
				Intention. If, at the time of imposition of punishment, the service member
				indicates a desire not to appeal, the superior authority may reject a
				subsequent election to appeal, even though it is made within the 5 day
				period.
C. Vacation of Suspended
				Punishment. Although a suspended punishment may be appealed, no appeal is
				authorized from the vacation of a suspended punishment. Vacation of a suspended
				non-judicial punishment is not itself non-judicial punishment and additional
				action to impose non-judicial punishment for a violation of a punitive article
				of the code upon which the vacation action is based is not precluded thereby.
				The accused is entitled to be confronted with the allegations that give rise to
				the vacation of a suspended punishment. Though no right exists to a full
				hearing, the accused should, in the absence of extraordinary circumstances, be
				given the opportunity to consult with a Judge Advocate and to present a written
				response to the allegations raised by the convening authority. [See Para 4-24
				and Figure 4-.8]
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  29:11(F).
Louisiana Administrative Code › Title 41 - MILITARY FORCES OF THE STATE › Part II - Military Justice › Chapter 4 - Non-Judicial Punishment › Section II-417 - Who May Act on Appeal

Current through Register Vol. 50, No. 6, June 20, 2024
A.
				General. The authority next superior to the commander will act on an appeal if
				the service member punished is still of the command of that officer at the time
				of appeal.
B. Next Superior Rule.
				If the commander has acted under a delegation of authority, the appeal will be
				acted on by the authority next superior to the delegating officer. If, at the
				time of appeal, the service member is no longer of the imposing commander's
				command, the authority next superior to the service member's present commander
				(who can impose the same kind and amount of punishment as than imposed or
				resulting from subsequent modifications) will act on the appeal. The authority
				"next superior" to an imposing commander is normally the next superior in the
				chain of command or such other authority as may be designated by competent
				authority as being next superior for the purposes of Article 15.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  29:11(F).
Louisiana Administrative Code › Title 41 - MILITARY FORCES OF THE STATE › Part II - Military Justice › Chapter 4 - Non-Judicial Punishment › Section II-418 - Procedure for Submitting Appeal

Current through Register Vol. 50, No. 6, June 20, 2024
A. All appeals will be made on DA Form 2627
				or DA Form 2627-1 and forwarded through the imposing commander (or successor in
				command, when applicable) to the superior authority. The superior authority
				will act on the appeal unless otherwise so directed by competent authority. The
				service member may state reasons or attach documents to the appeal for
				consideration, but is not required to do so.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  29:11(F).
Louisiana Administrative Code › Title 41 - MILITARY FORCES OF THE STATE › Part II - Military Justice › Chapter 4 - Non-Judicial Punishment › Section II-419 - Action by the Imposing Commander on Appeal

Current through Register Vol. 50, No. 6, June 20, 2024
A. General. The imposing commander or
				successor-in-command may take any action on the appeal with respect to the
				punishment that the superior authority could take (see paragraph 4-20). If the
				imposing commander or successor-in-command suspends, mitigates, remits, or sets
				aside any part of the punishment, this action will be so recorded according to
				instructions on the DA Form 2627 or 2627-1.
B. Inquiry. If such action (suspension,
				mitigation, remission or set aside) is taken by the imposing commander, the
				appealing member (the "appellant") will be so advised and asked to state
				whether, in view of this action, the appellant wishes to withdraw the appeal.
				Unless the appeal is voluntarily withdrawn, the appeal will be forwarded to the
				appropriate superior authority. An officer forwarding the appeal shall attach a
				detailed report of the incident, any comments he deems appropriate, and the
				appellant's permanent record.
C.
				Presumption. Any allegations by the appellant, if unrebutted by the forwarding
				commander, may be accepted as valid and considered by the reviewing
				officer.
D. Consulting Legal
				Counsel Availability. The imposing commander (or successor-in-command) will
				make available to the service member reasonable assistance (legal and
				otherwise) in preparing the appeal, and will promptly forward the appeal to the
				appropriate superior authority.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  29:11(F).
Louisiana Administrative Code › Title 41 - MILITARY FORCES OF THE STATE › Part II - Military Justice › Chapter 4 - Non-Judicial Punishment › Section II-419 - Action by the Superior Authority on Appeal

Current through Register Vol. 50, No. 6, June 20, 2024
A. General. The superior authority to which
				the appeal is made shall refer every such appeal to the Judge Advocate Office
				of his assigned or detailed Special Courts-Martial Convening Authority for
				review and comment as to legal sufficiency prior to action. He may conduct an
				independent inquiry into the case if necessary or desirable. In acting on an
				appeal, the superior authority may exercise the same powers with respect to the
				punishment imposed as may be exercised by the imposing commander or the
				imposing commander's successor-in-command. However, the superior authority
				cannot change a filing determination. A timely appeal does not terminate merely
				because a service member is discharged from the service. It will be processed
				expeditiously to completion by the superior authority.
B. Delay. Action by the superior authority on
				appeal should ordinarily be accomplished within 30 days after imposition of
				non-judicial punishment.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  29:11(F).
Louisiana Administrative Code › Title 41 - MILITARY FORCES OF THE STATE › Part II - Military Justice › Chapter 4 - Non-Judicial Punishment › Section II-420 - Action by a Judge Advocate on Appeal

Current through Register Vol. 50, No. 6, June 20, 2024
A. General. The Judge Advocate review on
				Article 15 appeals may be either oral or written. If given orally, that fact
				and the name of the Judge Advocate who rendered the advice will be recorded on
				the DA Form 2627, item 8. The Judge Advocate is not limited to an examination
				of written matters of the record of proceedings, and may make any inquiries
				that are necessary. An example of the Judge Advocate Review on Appeal is
				located at Figure 4-6.
B. Inquiry.
				The Judge Advocate Review shall address the following issues:
i. the appropriateness of the
				punishment.
ii. whether the
				proceedings were conducted under law and regulations.
Louisiana Administrative Code › Title 41 - MILITARY FORCES OF THE STATE › Part II - Military Justice › Chapter 4 - Non-Judicial Punishment › Section II-422 - Clemency, Generally

Current through Register Vol. 50, No. 6, June 20, 2024
A.
				Usefulness. The full effectiveness of non-judicial punishment cannot be
				realized unless the commander is aware of his powers of "clemency," including
				the authority to suspend, remit, or set aside punishment if warranted by the
				circumstances of the case. These powers give the commander an effective means
				of rehabilitating the offender which are often more valuable than his mere
				power to punish.
B. Recording
				Requirement. Any action of suspension, mitigation, remission, or setting aside
				taken by an authority will be recorded according to published guidance on DA
				Form 2627-2.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  29:11(F).
Louisiana Administrative Code › Title 41 - MILITARY FORCES OF THE STATE › Part II - Military Justice › Chapter 4 - Non-Judicial Punishment › Section II-423 - Suspension

Current through Register Vol. 50, No. 6, June 20, 2024
A. General.
				Ordinarily, punishment is suspended to grant a probational period during which
				a service member may show that he deserves a remission of the remaining
				suspended punishment. An executed punishment of reduction or forfeiture may be
				suspended only within a period of six months after the date imposed. Suspension
				of non-judicial punishment may not be for a period longer than six months from
				the suspension date, and the expiration of the current enlistment or term of
				service of the service member involved automatically terminates the period of
				suspension. [See Figure 4-8.]
B.
				Remission. Unless the suspension is sooner vacated, suspended portions of the
				punishment are remitted, without further action, upon the termination of the
				period of suspension.
C. Conditions
				of Probation. Unless otherwise stated, an action suspending a punishment
				includes a condition that the service member not violates any punitive article
				of the code. The non-judicial punishment authority may specify in writing
				additional conditions of the suspension. Further misconduct by the service
				member, within the period of the suspension, may be grounds for vacation of the
				suspended portion of the punishment.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  29:11(F).