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mean the detailed counsel named in the 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 or
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 or 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 re-
quirements. If qualified defense counsel cannot
be obtained or if the accused has declined
qualified counsel, the detailed defense counsel
must meet the following requirements. If the
detailed defense counsel does not meet the follow-
ing requirements, an SPCM is not legally
constituted:
• If the detailed trial counsel or any
assistant trial counsel is qualified to act as counsel
before a GCM, the detailed defense counsel must
be a person similarly qualified; or
• If the detailed trial counsel or any assis-
tant trial counsel is a judge advocate or a member
of the bar of a federal court or the highest court
of a state, the detailed defense counsel must be
one of the same.
Art. 31. Compulsory
hibited
Self-Incrimination Pro-
This article explains your right not to provide
evidence against yourself (self-incrimination), a
right given to all citizens under the Fifth Amend-
ment 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 trickery can be used against you in 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 proceeding.
No person subject to this code 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
court, its members, and its
completely free to fulfill their
fear of reprisal.
ensure that every
officers shall be
functions without
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
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