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In a general sense, there are 2 types of crimes punishable under the UCMJ. These are common law crimes such as homicide, rape, assault, larceny and burglary; and military crimes, unique to military service such as Disrespect, AWOL, Conduct Unbecoming, or Disobedience. It is important to understand that in the military the Commander has the ultimate discretion on how to dispose of a criminal offense. Each level of command has prosecutorial discretion and must exercise independent judgment with advice and input from subordinate leaders. A Convening Authority is a Commander who has authority to send a case to a court martial. For example, in the Army, the Convening Authority is generally a Battalion, Brigade, Division or Corps Commander. In making their decision, a commander is bound to consider the seriousness of the offense, the impact on the unit’s mission and the quality of the evidence. Commanders may seek advice from their Trial Counsel or the Staff Judge Advocate. If the command decides that the case should proceed by Court Martial, there are levels at which the case can proceed: Summary, Special or General.
Tacoma Criminal Defense AttorneysRESPECTED IN STATE, MUNICIPAL, FEDERAL & MILITARY COURTS.
The team at Krupa & Clark are excited to announce some new changes in our practice. Steven Krupa will be leaving the firm to explore new opportunities effective June 30, 2020. As of June 1, 2020, the name of the firm will be changed to the Law Offices of Michael Clark. The firm will continue to focus on helping people who have been injured through the negligence of others, as well as other matters. The team, and especially Michael Clark, want to thank Steven for his years of dedicated service to his clients and the greater bar association, as well as for his friendship. We are proud of our association with Steve and look forward to seeing what the next chapter has in store for him.
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