DOCSLIB.ORG

245 Subpart C—Director, Naval Coun- Cil of Personnel Boards and President Naval Discharge Re

Total Page：16

File Type：pdf, Size：1020Kb

Download full-text PDF Read full-text
245 Subpart C—Director, Naval Coun- Cil of Personnel Boards and President Naval Discharge Re Department of the Navy, DoD § 724.302 and reserve Navy and Marine Corps and belief.1 The weight to be given this sources, as required. presumption in determining whether (c) Navy and Marine Corps activities the facts stated in the charge sheet are in the geographical vicinity of selected true is a matter to be determined by review sites shall provide administra- the NDRB. To the extent that the dis- tive support and augmentation to an charge proceeding reflects an official NDRB Panel during its visit where determination that the facts stated in such assistance can be undertaken the charge sheet are true; that the ap- without interference with mission ac- plicant/accused admitted the facts complishment. The NDRB shall coordi- stated in the charge sheet; or that the nate requests for augmentees and ad- applicant/accused admitted guilt of the ministrative support through Com- offense(s), then the presumption is mandant of the Marine Corps or the strengthened. In accordance with para- Chief of Naval Reserve, as appropriate. graph B12f of enclosure (3) to 32 CFR (d) The administrative staff of the part 70 the presumption may be rebut- NCPB shall undertake all arrange- ted by ‘‘substantial credible evidence.’’ ments for NDRB Traveling Panel visits and shall process associated review Subpart C—Director, Naval Coun- documents. cil of Personnel Boards and President Naval Discharge Re- § 724.224 Court-martial specifications, presumption concerning. view Board; Responsibilities in Support of the Naval Dis- (a) Relevant and material facts stat- charge Review Board ed in a court-martial specification, shall be presumed by the NDRB Panel § 724.301 Mission. as established facts. With respect to a discharge or dismissal adjudged by a To administer and supervise assigned boards and councils within the Depart- court-martial case tried under the Uni- ment of the Navy. form Code of Military Justice, the ac- tion may extend only to change in the § 724.302 Functions: Director, Naval discharge or dismissal for purposes of Council of Personnel Boards. clemency. This policy only applies to cases filed with the discharge review (a) Make recommendations to the board after December 6, 1983. Secretary of the Navy regarding orga- nization, tasking and resources of the (b) Relevant and material facts stat- NDRB and its associated administra- ed in a court-martial specification, in tive support. the face of which the applicant re- (b) Submit recommendations to the quested a discharge for the good of the Secretary of the Navy regarding policy service to avoid trial by court-martial, and procedures for discharge review. shall be considered in accordance with (c) Provide administrative and cler- the following: ical support for NDRB. (1) If the applicant/accused was re- (d) Inform the Secretary of the Navy quired to admit the facts contained in of matters of interest to him. the charge sheet, or if the discharge authority was required to find that the (e) Maintain a system of records, in- stated facts were true, then the NDRB cluding as a minimum: can presume the truth of such facts, unless there is a substantial credible 1 Charges may be preferred by any person evidence to rebut this presumption; or subject to the Uniform Code of Military Jus- tice. The charges must be signed and sworn (2) If the discharge in lieu of court- to before a commissioned officer authorized martial only required a valid preferral, to administer oaths, and shall state that the the NDRB may presume that the signer signer has personal knowledge of, or has in- either had personal knowledge of, or vestigated the matters set forth therein; and had investigated the matters set forth, that the charges are true in fact to the best and that the charges were true in fact of the signer’s knowledge and belief. 10 U.S.C. 830 (1976) (Art. 30 Uniform Code of to the best of the signer’s knowledge Military Justice). 245 VerDate Aug<31>2005 17:48 Aug 06, 2007 Jkt 211127 PO 00000 Frm 00255 Fmt 8010 Sfmt 8010 Y:\SGML\211127.XXX 211127 mstockstill on PROD1PC66 with CFR.
Load more

Recommended publications
  • Improving Recidivism As a Performance Measure Ryan King Brian Elderbroom Washington State Offender Accountability Act of 1999
    Improving Recidivism as a Performance Measure Ryan King Brian Elderbroom Washington State Offender Accountability Act of 1999 Goal: “reduce the risk of reoffending by offenders in the community” Legislation calls for Department of Corrections to: • Classify supervised individuals based on risk of reoffending and severity of prior criminal offending • Shift resources toward higher-risk persons Washington Recidivism Rates Source: Washington State Institute for Public Policy Establishing Metrics for Success and Assessing Results Why measure correctional performance? • Understand the outcomes of funding and policy decisions • Assess the effectiveness of justice agencies at reducing reoffending • Provide the best return on taxpayer investments Most Common Correctional Performance Measure: Recidivism The Good: • Correctional interventions (prison, community supervision) are supposed to reduce reoffending, so recidivism is a natural metric for success The Bad: • Frequently a single-indicator, which doesn’t allow for policy-relevant comparisons across groups • Irregularly collected • Presented absent context Four Steps to Make Recidivism a Meaningful Performance Measure Define Collect Analyze Disseminate Definition Use Multiple Measures of Success Desistance Severity Time to failure Behavior Change Time to Failure (Delaware) Percent Rearrested 2008 2009 2010 80 70 60 50 40 30 20 10 0 6 12 18 24 36 Months from prison release Collection Develop Protocols to Ensure Data Are Consistent, Accurate, and Timely Assign unique identifiers Develop long-term records Collect contextual information Update change in status Photo: Flickr/Kevin Dl Breaking Recidivism Down by Policy- Relevant Factors (Colorado) 3-year return to prison rates for 2010 release cohort Analysis Account for Underlying Composition of the Prison Population Photo: Flickr/Thomas Hawk Photo: Flickr/Thomas Hawk Remember that Washington Story from Earlier .
    [Show full text]
  • 249 Subpart C—Director, Secretary of the Navy Council of Review Boards and President Naval Discharge Review Board; Re- Sponsib
    Department of the Navy, DoD § 724.302 § 724.223 NDRB support and aug- can presume the truth of such facts, mentation by regular and reserve unless there is a substantial credible activities. evidence to rebut this presumption; or (a) When an NDRB Panel travels for (2) If the discharge in lieu of court- the purpose of conducting hearings, it martial only required a valid preferral, shall normally select Navy or Marine the NDRB may presume that the signer Corps installations in the area visited either had personal knowledge of, or as review sites. had investigated the matters set forth, (b) The NDRB Traveling Board shall and that the charges were true in fact normally consist of members from the to the best of the signer’s knowledge NCPB and augmentees from regular and belief. 1 The weight to be given this and reserve Navy and Marine Corps presumption in determining whether sources, as required. the facts stated in the charge sheet are (c) Navy and Marine Corps activities true is a matter to be determined by in the geographical vicinity of selected the NDRB. To the extent that the dis- review sites shall provide administra- charge proceeding reflects an official tive support and augmentation to an determination that the facts stated in NDRB Panel during its visit where the charge sheet are true; that the ap- such assistance can be undertaken plicant/accused admitted the facts without interference with mission ac- stated in the charge sheet; or that the complishment. The NDRB shall coordi- applicant/accused admitted guilt of the nate requests for augmentees and ad- offense(s), then the presumption is ministrative support through Com- strengthened.
    [Show full text]
  • Commitment After Acquittal on Grounds of Insanity M
    Maryland Law Review Volume 22 | Issue 4 Article 3 Commitment After Acquittal On Grounds of Insanity M. Albert Figinski Follow this and additional works at: http://digitalcommons.law.umaryland.edu/mlr Part of the Criminal Procedure Commons Recommended Citation M. A. Figinski, Commitment After Acquittal On Grounds of Insanity, 22 Md. L. Rev. 293 (1962) Available at: http://digitalcommons.law.umaryland.edu/mlr/vol22/iss4/3 This Article is brought to you for free and open access by the Academic Journals at DigitalCommons@UM Carey Law. It has been accepted for inclusion in Maryland Law Review by an authorized administrator of DigitalCommons@UM Carey Law. For more information, please contact [email protected]. 1962] COMMITMENT AFTER ACQUITTAL 293 COMMITMENT AFTER ACQUITIAL ON GROUJND'S OF INS'ANITYt By M. ALBERT FIGINsKI* I. THE PROCEDURES OF CRIMINAL COMMITMENT GENERALLY "Jurors, in common with people in general, are aware of the meanings of verdicts of guilty and not guilty. It is common knowledge that a verdict of not guilty means that the prisoner goes free and that a verdict of guilty means that he is subject to such punishment as the court may impose. But a verdict of not guilty by reason of insanity has no such commonly understood meaning."' This lack of knowledge can logically result from two factors. One, the verdict is a rare one in our society, given the state of extreme dementation required by the "right and wrong test" to acquit. Second, unlike the verdicts of guilty and not guilty which have the same meaning and effect throughout Anglo-American jurisprudence, the meaning and effect of a verdict of not guilty by reason of insanity are dependent upon statutes and vary among the states.
    [Show full text]
  • Penal Code Offenses by Punishment Range Office of the Attorney General 2
    PENAL CODE BYOFFENSES PUNISHMENT RANGE Including Updates From the 85th Legislative Session REV 3/18 Table of Contents PUNISHMENT BY OFFENSE CLASSIFICATION ........................................................................... 2 PENALTIES FOR REPEAT AND HABITUAL OFFENDERS .......................................................... 4 EXCEPTIONAL SENTENCES ................................................................................................... 7 CLASSIFICATION OF TITLE 4 ................................................................................................. 8 INCHOATE OFFENSES ........................................................................................................... 8 CLASSIFICATION OF TITLE 5 ............................................................................................... 11 OFFENSES AGAINST THE PERSON ....................................................................................... 11 CLASSIFICATION OF TITLE 6 ............................................................................................... 18 OFFENSES AGAINST THE FAMILY ......................................................................................... 18 CLASSIFICATION OF TITLE 7 ............................................................................................... 20 OFFENSES AGAINST PROPERTY .......................................................................................... 20 CLASSIFICATION OF TITLE 8 ..............................................................................................
    [Show full text]
  • Forfeitures and the Eighth Amendment
    UIdaho Law Digital Commons @ UIdaho Law Faculty Scholarship Summer 2017 Forfeitures and the Eighth Amendment: A Practical Approach to the Excessive Fines Clause as a Check on Government Seizures David Pimentel University of Idaho College of Law, [email protected] Follow this and additional works at: https://digitalcommons.law.uidaho.edu/faculty_scholarship Part of the Constitutional Law Commons Recommended Citation 11 Harv. L. & Pol'y Rev. 541 (2017) This Article is brought to you for free and open access by Digital Commons @ UIdaho Law. It has been accepted for inclusion in Faculty Scholarship by an authorized administrator of Digital Commons @ UIdaho Law. Forfeitures and the Eighth Amendment: A Practical Approach to the Excessive Fines Clause as a Check on Government Seizures David Pimentel* INTRODUCTION After forty-nine years working the sugar plantations in Hawai'i, Joseph Lopes retired with his wife Frances in a modest home they had managed to buy with the fieldwork earnings.' Their adult, mentally disabled son Thomas lived with them.2 The Pittsburgh Press recounted their story: For a while, Thomas grew marijuana in the back yard-and threatened to kill himself every time his parents tried to cut it down. In 1987, the police caught Thomas, then 28. He pleaded guilty, got probation for his first offense and was ordered to see a psychologist once a week. He has, and never again has grown dope or been arrested. The family thought the episode was behind them. But [four years later], a detective scouring old arrest records for forfeiture opportunities realized the Lopes house could be taken away because they had admitted they knew about the marijuana.3 Federal drug agents subsequently paid Joseph and Frances Lopes a visit and claimed their home for the U.S.
    [Show full text]
  • Access to Exculpatory Evidence: Avoiding the Agurs Problems of a Prosecutorial Discretion and Retrospective Review
    Fordham Law Review Volume 53 Issue 3 Article 2 1984 Access to Exculpatory Evidence: Avoiding the Agurs Problems of a Prosecutorial Discretion and Retrospective Review Daniel J. Capra Fordham University School of Law Follow this and additional works at: https://ir.lawnet.fordham.edu/flr Part of the Law Commons Recommended Citation Daniel J. Capra, Access to Exculpatory Evidence: Avoiding the Agurs Problems of a Prosecutorial Discretion and Retrospective Review, 53 Fordham L. Rev. 391 (1984). Available at: https://ir.lawnet.fordham.edu/flr/vol53/iss3/2 This Article is brought to you for free and open access by FLASH: The Fordham Law Archive of Scholarship and History. It has been accepted for inclusion in Fordham Law Review by an authorized editor of FLASH: The Fordham Law Archive of Scholarship and History. For more information, please contact [email protected]. ACCESS TO EXCULPATORY EVIDENCE: AVOIDING THE A GURS PROBLEMS OF PROSECUTORIAL DISCRETION AND RETROSPECTIVE REVIEW DANIEL J. CAPRA* INTRODUCTION N the course of many criminal investigations, the state will uncover information that is favorable to the criminal defendant. The likelihood of defense counsel uncovering the same piece of information is usually slim.1 This unequal access is caused by a number of factors ranging from a differential in resources to the timing of investigations.2 The disparity in access to exculpatory evidence is even greater when the defendant is indigent.3 In Brady v. Maryland,4 the Supreme Court attempted to lessen the disparity in access to exculpatory evidence before and during trial. * Associate Professor of Law, Fordham University School of Law.
    [Show full text]
  • Application for Pardon After Probation, Parole Or Discharge
    CFJ-515A Rev. 6/2021 MICHIGAN DEPARTMENT OF CORRECTIONS OFFICE OF THE PAROLE BOARD APPLICATION FOR PARDON AFTER PROBATION, PAROLE OR DISCHARGE I hereby petition the Governor, as provided by law, for a pardon for the following conviction(s) in the State of Michigan and submit the following information in support of this application: 1. Name: ___________________________________________ Telephone #: (_____)______- ________ Address: __________________________________________________________________________ Marital Status: ( ) Married ( ) Divorced ( ) Single ( ) Widowed Number of Dependents: ______ 2. * Date of Birth: ___________ Place of Birth: _________________ U.S. Citizen: ( ) Yes ( ) No SS#: _____-____-_____ Sex: ( )Male ( )Female Race: ________ Michigan Prison #: _________ (* Information under question # 2 above used for identification and statistical purposes only) 3. Pursuant to statute, if you have been convicted of not more than one offense you may file an application with the convicting Court for the entry of an order setting aside the conviction. A person is not rendered ineligible for filing an application if they have also been convicted of not more than 2 minor offenses in addition to the offense for which the person files an application. “Minor Offense” means a misdemeanor or ordinance violation for which the maximum permissible imprisonment does not exceed 90 days, for which the maximum permissible fine does not exceed $1,000.00, and that it is committed by a person who is not more than 21 years of age. Have you reviewed the statutory criteria in 1965 PA 213, MCL 780.621 - MCL 780.624, seeking expungement/setting aside of the conviction of that crime? ( ) Yes ( ) No (Statutes can be found on the Michigan Legislative website at www.michiganlegislature.org) 4.
    [Show full text]
  • Sexual Offender Registration and Monitoring Program Rules
    RULES OF TENNESSEE BUREAU OF INVESTIGATION CHAPTER 1395-1-5 SEXUAL OFFENDER REGISTRATION AND MONITORING PROGRAM TABLE OF CONTENTS 1395-1-5-.01 Purpose and Scope 1395-1-5-.05 Sexual Offender and Registration Monitoring Process 1395-1-5-.02 Definitions 1395-1-5-.06 Record System 1395-1-5-.03 Sexual Offender Registration and Monitoring 1395-1-5-.07 Removal from Registration and Monitoring Program in General Requirements 1395-1-5-.04 Monitoring Form Requirements 1395-1-5-.08 Violations- Penalties 1395-1-5-.01 PURPOSE AND SCOPE. The purpose of the program has been found to be regulatory, not punitive. It has been held that the program addresses legitimate concerns of law enforcement about sex offenders. Cutshall v. Sundquist, 193 F. 3d 466 (6th Cir. 1999). As an independent department, TBI has been charged with the responsibility of administering and maintaining the program, which is civil and remedial in nature. Only those offenders who meet the statutory definition of “sexual offender” can be registered, regardless of court orders to the contrary. Information contained in the registry should not be used to injure, harass, or commit a criminal act against any person named in the registry; any such action could result in criminal prosecution. Authority: T.C.A. §40-39-101. Administrative History: Original rule filed December 19, 2001; effective April 30, 2002. 1395-1-5-.02 DEFINITIONS. (1) Acknowledgment Form - A form provided by the TBI to agencies for the purpose of confirming that the sexual offender understands the requirements and penalties involved in the sexual offender registration/ monitoring process.
    [Show full text]
  • RETHINKING PROPORTIONALITY UNDER the CRUEL and UNUSUAL PUNISHMENTS CLAUSE John F. Stinneford LTHOUGH a Century Has Passed Since
    STINNEFORD_PP 5/19/2011 6:50 PM RETHINKING PROPORTIONALITY UNDER THE CRUEL AND UNUSUAL PUNISHMENTS CLAUSE John F. Stinneford∗ LTHOUGH a century has passed since the Supreme Court A started reviewing criminal punishments for excessiveness un- der the Cruel and Unusual Punishments Clause, this area of doc- trine remains highly problematic. The Court has never answered the claim that proportionality review is illegitimate in light of the Eighth Amendment’s original meaning. The Court has also adopted an ever-shifting definition of excessiveness, making the very concept of proportionality incoherent. Finally, the Court’s method of measuring proportionality is unreliable and self- contradictory. As a result, a controlling plurality of the Court has insisted that proportionality review be limited to a narrow class of cases. This area of doctrine needs rethinking. This Article is the first to establish that the Cruel and Unusual Punishments Clause was originally meant to prohibit excessive punishments as well as barbaric ones and that proportionality re- view is therefore unquestionably legitimate. This Article also dem- onstrates that proportionality is a retributive concept, not a utilitar- ian one. Punishments are unconstitutionally excessive if they are harsher than the defendant deserves as a retributive matter. Fi- nally, this Article shows that proportionality should be measured primarily in relation to prior punishment practice. The proposed approach will align the Court’s proportionality jurisprudence more closely with the core purpose of the Cruel and Unusual Punish- ments Clause and will enable the Court to expand proportionality review to a much larger class of cases. * Assistant Professor of Law, University of Florida Levin College of Law, Gaines- ville, Florida.
    [Show full text]
  • Discharge of Accused in Criminal Cases
    PAPER PRESENTATION ON DISCHARGE OF ACCUSED IN CRIMINAL CASES By Smt. Prema Rajeswari Special Sessions Judge for Trial of offences under SC's/ST's (POA) Act-cum- V-Additional District & Sessions Judge, Karimnagar. Pg.1 DISCHARGE OF ACCUSED IN CRIMINAL CASES Introduction: Under the Criminal Procedure Code, 1973, the Discharge Application is the remedy that is granted to the person who has been maliciously charged. If the allegations which have been made against him are false, this Code provides the provisions for filing a discharge application. If the evidence given before the Court is not sufficient to satisfy the offence and in the absence of any prima facie case against him, he is entitled to be discharged. Classification of Criminal Cases: The two major classifications of criminal cases under the Code of Criminal Procedure are: 1. Cases instituted on the basis of a police report (Sections 238-243). 2. Cases instituted otherwise than on police report based on the complaint (Sections 244-247). There are four types of the trial procedures provided under Cr.P.C.: 1. Summary trials (Sections 260-265), 2. Trial of summons cases by Magistrates (Sections 251-259), 3. Trial of warrant cases by Magistrates (Sections 238-250), and 4. Trial before a court of Sessions (Sections 225-237). The procedure of warrant cases is used for the trial of warrant cases by the Magistrates and the trial before the court of sessions. Whereas trial of summons cases by Magistrates and summary trials are tried in a summons case trial. Discharge of accused in warrant cases on the basis of a police report.
    [Show full text]
  • Double Jeopardy: When Is an Acquittal an Acquittal? Jason Wiley Kent
    Boston College Law Review Volume 20 Article 3 Issue 5 Number 5 7-1-1979 Double Jeopardy: When Is an Acquittal an Acquittal? Jason Wiley Kent Follow this and additional works at: http://lawdigitalcommons.bc.edu/bclr Part of the Criminal Procedure Commons Recommended Citation Jason W. Kent, Double Jeopardy: When Is an Acquittal an Acquittal?, 20 B.C.L. Rev. 925 (1979), http://lawdigitalcommons.bc.edu/bclr/ vol20/iss5/3 This Notes is brought to you for free and open access by the Law Journals at Digital Commons @ Boston College Law School. It has been accepted for inclusion in Boston College Law Review by an authorized editor of Digital Commons @ Boston College Law School. For more information, please contact [email protected]. NOTES DOUBLE JEOPARDY: WHEN IS AN ACQUITTAL AN ACQUITTAL? A fundamental principle of double jeopardy jurisprudence cautions pros- ecutors that an acquittal in a criminal case, once received, will bar forever a second prosecution for the same offense.' The notion that underlies this fifth amendinent, 2 post-acquittal protection is rudimentary to the American criminal justice system. It is that the power to prosecute, if improperly exer- cised, represents so significant a threat, to individual rights that the state must be limited to one bite at the prosecutorial apple lest the individual, innocent in the eyes of the law, be exposed to the possibility of oppressive repeated prosecutions for the same offense. 3 The relative simplicity of the concept, however, belies the complexity as- sociated with its application in clay-to-day criminal prosecutions. In reality, defendants often are discharged from prosecution following judgments that resemble in effect but not in timing or legal significance the post-trial verdict of innocence one commonly associates with the term "acquittal."' As a result, the availability of a post-acquittal double jeopardy defense has come to turn on subtle and often confusing distinctions in the manner in which the initial ' See United States v.
    [Show full text]
  • 020 Probation and Conditional Discharge
    533.020 Probation and conditional discharge. (1) When a person who has been convicted of an offense or who has entered a plea of guilty to an offense is not sentenced to imprisonment, the court shall place him on probation if he is in need of the supervision, guidance, assistance, or direction that the probation service can provide. Conditions of probation shall be imposed as provided in KRS 533.030, but the court may modify or enlarge the conditions or, if the defendant commits an additional offense or violates a condition, revoke the sentence at any time prior to the expiration or termination of the period of probation. When setting conditions under this subsection, the court shall not order any defendant to pay incarceration costs or any other cost permitted to be ordered under KRS 533.010 or other statute, except restitution and any costs owed to the Department of Corrections, through the circuit clerk. (2) When a person who has been convicted of an offense or who has entered a plea of guilty to an offense is not sentenced to imprisonment, the court may sentence him to probation with an alternative sentence if it is of the opinion that the defendant should conduct himself according to conditions determined by the court and that probationary supervision alone is insufficient. The court may modify or enlarge the conditions or, if the defendant commits an additional offense or violates a condition, revoke the sentence at any time prior to the expiration or termination of the alternative sentence. (3) When a person who has been convicted of an offense or who has entered a plea of guilty to an offense is not sentenced to imprisonment, the court may sentence him to conditional discharge if it is of the opinion that the defendant should conduct himself according to conditions determined by the court but that probationary supervision is inappropriate.
    [Show full text]