Art. 37. Unlawfully Influencing Action of Court

convening order. The term individual counsel refers to the military counsel selected by the accused or the civilian counsel provided by the accused at his/her own expense. The trial counsel and defense counsel detailed for a general court-martial must have equivalent legal qualifications. Each must be a judge advocate of the Army, Navy, Air Force, or Marine Corps who is a graduate of an accredited law school or is a member of the bar of a federal court or of the highest court of a state. Each must be certified as competent to perform such duties by the Judge Advocate General of the armed forces of which he/she is a member. A civilian counsel must be a member of the bar of a federal court or of the highest court of a state. In a special court-martial, the accused must be afforded the opportunity to be represented by counsel qualified under article 27, UCMJ, unless such counsel cannot be obtained because of the geographical location or pressing military requirements. If qualified defense counsel cannot be obtained, the court may be convened and the trial held. The convening authority makes a written statement that states why qualified counsel cannot be obtained. The following conditions must be met: � If the detailed trial counsel or any assistant trial counsel is qualified to act as counsel before a general court-martial, the defense counsel must be a qualified person; and � If the detailed trial counsel or any assistant trial counsel is a judge advocate or a member of the bar of a federal court or the highest court of a state, the defense counsel detailed by the convening authority must be one of the foregoing. Art. 31. Compulsory Self-Incrimination Prohibited Article 31 explains your rights not to provide evidence against yourself (self-incrimination), a right given to all citizens under the Fifth Amendment to the U.S. Constitution. The following statements explain your rights against self-incrimination: � You cannot be forced to answer questions or give evidence that may help to prove your guilt. � You must be told the nature of the offense of which you are accused; that you do not have to make any statement; and that if you do, it can be used against you. � You cannot be forced to make a statement or give evidence in a trial that is not related to the case or that may degrade you. � No statement obtained from you by threats or t r i c k e r y c a n b e u s e d a g a i n s t y o u i n a court-martial trial. Art. 37. Unlawfully Influencing Action of Court (a) No authority convening a general, special, or summary court-martial, nor any other commanding officer, may censure, reprimand, or admonish the court or any member, military judge, or counsel thereof, with respect to the findings or sentence adjudged by the court, or with respect to any other exercise of its or his functions in the conduct of the proceedings. No person subject to this chapter may attempt to coerce or, by any unauthorized means, influence the action of a court-martial or any other military tribunal or any member thereof, in reaching the findings or sentence in any case, or the action of any convening, approving, or reviewing authority with respect to his judicial acts. Article 37 is designed to ensure that every court, its members, and its officers are completely free to fulfill their functions without fear of reprisal. Art. 38. Duties of Trial Counsel and Defense Counsel The trial counsel prosecutes in the name of the United States and, under the direction of the court, prepares the record of proceedings. The duties of the trial counsel might be compared to those of a civil district attorney. The prosecution must prove beyond a reasonable doubt the guilt of the accused for each offense charged. Of course, such burden of proof is 2-20 Student Notes: