U.S. v. Starr, 53 M.J. 380

Trial Stages: Appeals: Standards of Review, Burdens, etc.

1. with respect to issues of pretrial punishment, the court examines the military judge’s factual findings as to the intent to punish to see if they are clearly erroneous
2. the test for determining whether an individual is subject to illegal punishment or deprivation of liberty tantamount to confinement is whether there was an intent to punish or stigmatize a person awaiting disciplinary action, and if not, were the conditions in furtherance of a legitimate, nonpunitive government objective
3. security policeman assigned to unit composed solely of individuals who could not, or were not permitted to perform security force duties, and who was asked to surrender his security force beret was neither illegally punished nor subject to deprivation of liberty tantamount to confinement where record supported military judge’s finding that neither act was done for the purpose of punishment