How Far Is Too Far? Helping the Commander to Keep Control Without Going over the Line; the Trial Practitioner's Guide to Conditions on Liberty and Article 13 Credit

摘要

Despite the labels we put on conditions on liberty or pretrial restraint, the trial counsel must understand the limits a commander may put on the accused. Defense counsel, on the other hand, must disregard the labels as well, and analyze the actions taken against their clients. Black and white answers as to the worth of Article 13 credit are not always available. However, if you follow the words of the RCM, the principles of the case law, and the examples outlined in this article, you should be able to make sound decisions in the area of pretrial restraint and confinement. Actions speak louder than words and the commander's intent, the purpose behind the action, and the action itself will speak volumes in determining proper conditions on liberty and appropriate Article 13 credit.