The President shall direct the Secretary of Defense to issue, in consultation with the Secretary of the department in which the Coast Guard is operating when it is not operating as a service in the Navy, non-binding guidance regarding factors that commanders, convening authorities, staff judge advocates, and judge advocates should take into account when exercising their duties with respect to disposition of charges and specifications in the interest of justice and discipline under sections 830 and 834 of this title (articles 30 and 34). Such guidance shall take into account, with appropriate consideration of military requirements, the principles contained in official guidance of the Attorney General to attorneys for the Government with respect to disposition of Federal criminal cases in accordance with the principle of fair and evenhanded administration of Federal criminal law.
Notes of Decisions
Cited in
36
cases (
1 in the last 5 years), 1959–2025 · leading case:
United States v. Birge, 52 M.J. 209 (C.A.A.F. 1999).
United States v. Birge, 52 M.J. 209 (C.A.A.F. 1999).
“Article 33, UCMJ, 10 USC § 833 , which is not implicated in the present case, requires that ''[w]hen a person is held for trial by general court-martial, the commanding officer shall .”
Seifert v. Winter, 555 F. Supp. 2d 3 (D.D.C. 2008).
“Ultimately, the plaintiff was referred to a general court-martial pursuant to 10 U.S.C. § 833 (2000), based on “this family incident” as well as “other alleged incidents involving [the plaintiffs] family,” id.”
United States v. Tibbs, 15 C.M.A. 350 (1965).
“He maintained it “was entirely practicable” for the charges to be forwarded to the general court-martial authority within eight days of the accused’s confinement, as required by Article 33 of the Uniform Code, supra, 10 USC § 833 . In reply, trial counsel contended he had not…”
United States v. Henderson, 1 M.J. 421 (1976).
“Article 33, Uniform Code of Military Justice, *428 10 U.S.C. § 833 , sets the norm at 8 days.”
United States v. Nelson, 5 M.J. 189 (1978).
“Perusal of the opinions of the United States Supreme Court supports the appellant’s declination to urge such a basis for relief before this Court under all the circumstances of this case. 7 The decision of the United States Navy Court of Military Review is affirmed.”
United States v. Tate, 64 M.J. 269 (C.A.A.F. 2007).
“§ 827 (2000); the right to a speedy trial, see Article 33, UCMJ, 10 U.S.C. § 833 (2000); the right to submit post-trial matters to the convening authority, see Article 60(b)(1), (c)(2), UCMJ, 10 U.”
United States v. Jackson, 5 M.J. 223 (1978).
“” Article 33, UCMJ, 10 U.S.C. § 833 , suggests that when an accused is confined for trial by general court-martial, “the commanding officer shall, within eight days after the accused is ordered into arrest or confinement, if practicable, forward the charges, together with the…”
United States v. Par., 17 C.M.A. 411 (1968).
“] So far as the time requirement, under Article 33, Code, supra, 10 USC § 833 , for forwarding the charges for trial is concerned, I am not at all sure the proceedings were improper, or, if improper, that dismissal of the charges is the necessary consequence.”
United States v. Proctor, 58 M.J. 792 (A.F.C.C.A. 2003).
“Article 33, UCMJ, 10 U.S.C. § 833 , indicates that when a person is in pretrial confinement, charges should be preferred, investigated, and forwarded within 8 days, if practicable.”
United States v. Brown, 10 C.M.A. 498 (1959).
“Articles 33 and 98 of the Code, supra, 10 USC §§ 833 and 898, give emphasis to the importance of this right.”
United States v. Mladjen, 19 C.M.A. 159 (1969).
“” Finally, the accused maintains that Article 33, Code, supra, 10 USC § 833 , was violated in that no timely report was submitted to the general court-martial authority regarding the delay in the proceedings against him.”
United States v. Paige, 7 M.J. 480 (1979).
“We also granted an issue to consider whether the appellant was prejudiced by the failure of the commanding officer to comply with the provision of Article 33, Uniform Code of Military Justice, 10 U.S.C. § 833 , which requires that, if the accused is confined and the charges are…”
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