U.S. v. Stringer, 55 M.J. 92

Core Criminal Law Subjects: Burdens, Standards, Presumptions, Inferences: Trial Burdens, Standards › Pretrial Punishment

1. pretrial punishment includes public denunciation and degradation
2. a military judge has broad authority to order administrative credit against adjudged confinement as a remedy for Article 13 violations
3. a newspaper article describing the facts of appellant’s pretrial punishment, summarizing relevant case law on pretrial punishment, and cautioning that pretrial punishment is illegal complied with a military judge’s order to publish such an article in the post paper
4. where the military judge gave appellant significant confinement credit for pretrial punishment and appellant does not assert that this credit is inadequate, and where SJA complied with military judge’s order to publish an article about pretrial punishment in the post newspaper, additional relief is not warranted

Trial Stages: Pretrial: Pretrial Punishment

1. pretrial punishment includes public denunciation and degradation
2. a military judge has broad authority to order administrative credit against adjudged confinement as a remedy for Article 13 violations
3. a newspaper article describing the facts of appellant’s pretrial punishment, summarizing relevant case law on pretrial punishment, and cautioning that pretrial punishment is illegal complied with a military judge’s order to publish such an article in the post paper
4. where the military judge gave appellant significant confinement credit for pretrial punishment and appellant does not assert that this credit is inadequate, and where SJA complied with military judge’s order to publish an article about pretrial punishment in the post newspaper, additional relief is not warranted