An accused receives credit for all pretrial confinement served in a military facility.11 An accused will receive credit if he is illegally punished before trial in violation of Article 13, UCMJ.12 The accused receives sentencing credit for restriction that is deemed tantamount to confinement.13 He receives credit for any nonjudicial punishment served for the same offense he is convicted of at courtmartial. 14 An accused will be credited if the government violates Rule for Court-Martial (RCM) 305 procedures.15 However, if an accused serves pretrial restriction that does not amount to confinement or punishment, he does not currently receive any recognized sentencing credit. The 1969 Manual for Courts-Martial (MCM) included a chart that listed equivalent punishments.18 In this chart, one day of confinement equaled two days of restriction to limits.\n252 This definition does not cover many of the requirements that commands impose for pretrial restrictees, including prohibitions on wearing civilian clothes, sign in requirements, escort requirements, etc.
Sentencing Credit for Pretrial Restriction Major Elizabeth A. Harvey∗ I. Introduction You are a new Marine Corps Judge Advocate. You graduated from Naval Justice School two months ago and have now been assigned as a defense counsel in Camp Pendleton, California. When you checked in, the senior defense counsel handed you twenty case files and told you that you can expect to carry about thirty clients at a time. As you attempt to wade through the procedural and substantive requirements of your new job you notice an issue that sends you to LexisNexis. One of the units aboard the base is Separations Company, Headquarters and Service Battalion, Marine Corps Base. This command receives all West Coast Marines who are arrested by civilian police or federal officers or return on their own afte
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