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UCMJ and MCM changes coming
The DoD Joint Service Committee on Military Justice has some new “publications” on its website. But more importantly, there are a number of proposed changes not yet on their site (but which are available on CAAFLog).
- A draft Executive Order indicating an effective date for the MJA of January 1, 2019.
- Annex 1 to the draft Executive Order, making changes effective immediately once the Order is signed. Of note, are changes to regulate the sealing of all or parts of the record, changes to MRE 311, which adds, “that the evidence was obtained by officials in objectively reasonable reliance on a statute or on binding precedent later held violative of the Fourth Amendment[.]” And,
(a) Paragraph 45c, Article 120c—Other sexual misconduct, subsections b-f, are amended[.]
- Annex 2 to the draft Executive Order, making changes incorporating the MJA. Annex 2 is 619 pages and reproduces Parts I-V of the MCM in their entirety.
- A most interesting item includes an Appendix 2.1 (PDF page 605) containing non-binding disposition guidance for charges.
- There is also an Appendix 12A (PDF page 611) listing Presidentially-prescribed lesser included offenses, which may help to address some of the fairly recent litigation about what is or isn’t a lesser included offense.