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Good info.
My reference to the mix was Miranda and Article 31 rights. My understanding was that Miranda was civil law and Article 31 was military law.
You should see how much fun you can have when you get a criminal case against a soldier being investigated by Federal authorities dropped in Federal court, and reacquired for prosecution by the military in a military court, along with additional UCMJ charges.
Yee-hah!!
The point about the dual nature of the responsibilities of the CoC is well taken. Even the Company Commander is the soldier's boss, his admin officer, potentially his investigator, his prosecutor, and his judge.
I was present at a Division Officer's call when the CG announced that they had just caught the soldiers who had killed the dependent son of one of the officers, and he was going to make sure that they never did it again. He just prejudiced almost his entire Court Martial population, and himself as an impartial reviewer.
The Congressmen and media demanding apologies and action from the CoC about the prison abuse scandal fail to realize the role of the CoC in military law and the responsibility that the CoC bears to remain impartial.
Thanks for clearing that up AL.
TR
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"It is not the critic who counts; not the man who points out how the strong man stumbles, or where the doer of deeds could have done them better. The credit belongs to the man who is actually in the arena, whose face is marred by dust and sweat and blood; who strives valiantly; who errs, who comes short again and again, because there is no effort without error and shortcoming; but who does actually strive to do the deeds; who knows great enthusiasms, the great devotions; who spends himself in a worthy cause; who at the best knows in the end the triumph of high achievement, and who at the worst, if he fails, at least fails while daring greatly, so that his place shall never be with those cold and timid souls who neither know victory nor defeat." - President Theodore Roosevelt, 1910
De Oppresso Liber 01/20/2025
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