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MILITARY JUSTICE AND YOU

 

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MILITARY JUSTICE AND YOU

WHY DO WE HAVE A SEPARATE MILITARY JUSTICE SYSTEM?

PROMOTE JUSTICE

HELP MAINTAIN GOOD ORDER AND DISCIPLINE IN THE ARMED FORCES

PROMOTE EFFICIENCY AND EFFECTIVENESS IN THE MILITARY

STRENGTHEN NATIONAL SECURITY

COMPARISON OF MILITARY AND CIVILIAN JUSTICE SYSTEMS

ARTICLE 32 HEARING v.s. GRAND JURY

RIGHT TO COUNSEL

JURY SYSTEM

GUILTY PLEAS

LEGAL SOURCES OF MILITARY JUSTICE

US Constitution

Uniform Code of Military Justice

Manual for Courts-Martial, U.S., 1984

Local Regulations

Court Decisions

KEY PERSONNEL IN THE MILITARY JUSTICE SYSTEM

COMMANDER

Staff Judge Advocate

Trial Counsel

Defense Counsel

Military Judge

Legal Specialist/ Court Reporter

UCMJ JURISDICTION

OVER THE PERSON:

ACTIVE DUTY SOLDIERS & RESERVISTS WHILE ON AD

MILITARY ACADEMY CADETS AND MIDSHIPMAN

NATIONAL GUARD PERSONNEL IN FEDERAL SERVICE UNDER TITLE 10, U.S.C.

ENEMY PRISONERS OF WAR

OTHERS

OVER THE OFFENSE:

WORLDWIDE JURISDICTION

POSSIBLE CONCURRENT JURISDICTION

CRIMES UNDER THE UCMJ

COMMON LAW CRIMES

MILITARY CRIMES

Preliminary Investigation:

WHAT IS THE SOURCE AND CONTENT OF THE WARNINGS?

Article 31, UCMJ, component

Nature of the suspected offense

The Right to remain silent

Any statement made can be used at trial

5th Amendment/Miranda Component

Right to consult an attorney prior to questioning and have an attorney present during questioning

6th Amendment Component

Right to representation at all critical stages

HOW TO CONDUCT A GOOD INTERVIEW

DEVELOP A LIST OF QUESTIONS BEFORE STARTING THE INTERVIEW USING THE ELEMENTS OF THE OFFENSE(S) IN PART IV OF THE MCM.

HAVE A THIRD PARTY SIT IN ON THE INTERVIEW IF POSSIBLE. THE OBSERVER TAKES NOTES. YOU ASK OPEN-ENDED QUESTIONS AND LISTEN.

HOW TO CONDUCT A GOOD INTERVIEW (cont.)

WRITTEN RIGHTS WAIVER CERTIFICATES AND SWORN STATEMENTS ARE GREAT, BUT NOT REQUIRED. DO THE BEST WITH WHAT YOU HAVE.

CONDUCT THE INTERVIEW IN A PLEASANT SETTING WITH AMPLE BREAKS TO AVOID A DUE PROCESS (COERCION) CHALLENGE.

SEARCH AND SEIZURE

MESS IT UP AND GET YOUR NAME MEMORIALIZED
IN AN APPELLATE COURT OPINION!

SEARCH AND SEIZURE

4TH AMENDMENT

"The right of the people to be secure... against unreasonable searches and seizures, shall not be violated, and no warrants shall be issue but upon probable cause..."

SEARCHES NOT REQUIRING AUTHORIZATION

Consent Search

Voluntary consent (shown by clear & convincing evidence)

May be partial/limited

Good insurance, always ask for it

SEARCHES NOT REQUIRING AUTHORIZATION (cont.)

Investigative Detention/Frisks

IF DETAINING OR FRISKING, YOU GET TO SEARCH THE PERSON AND THE IMMEDIATE AREA SUBJECT TO HIS CONTROL

SEARCHES NOT REQUIRING AUTHORIZATION (cont.)

Exigent Circumstances

If delay threatens removal, destruction, or concealment of evidence

ADMINISTRATIVE INSPECTIONS

COMMANDERS HAVE THE RIGHT AND DUTY TO INSPECT TROOPS AND EQUIPMENT

PRIMARY PURPOSE: TO ENSURE SECURITY, FITNESS (e.g.. HEALTH, SAFETY), OR GOOD ORDER AND DISCIPLINE - NOT EVIDENCE OF A CRIME

HANDLING EVIDENCE

PRESERVE CONDITION OF EVIDENCE

PRESERVE CHAIN OF CUSTODY

Then What?

Offenses Should Be Disposed of in a Timely Manner, at the Lowest Appropriate Level

NON-PUNITIVE MEASURES TO MODIFY BEHAVIOR/CONDUCT

COUNSELING: ORAL AND WRITTEN

BAR TO REENLISTMENT

ADMONITIONS & REPRIMANDS

Factors Considered When Choosing Your Course of Action:

Service Record

Nature of Offense

Harm Done

Punishment Available

Cooperation

Available Evidence

THE BAR TO REENLISTMENT

THE ARMY DESIRES TO RETAIN ONLY THOSE SOLDIERS OF HIGH MORAL CHARACTER, COMPETENCE, AND DEMONSTRATED ADAPTABILITY (AR 601-280).

INITIATION OF PROCEEDINGS REQUIRED FOR: FAILURE TO MAKE SATISFACTORY PROGRESS IN ARMY WEIGHT CONTROL PROGRAM, 2 CONSECUTIVE APFT FAILURES, REMOVAL FOR CAUSE FROM NCOES COURSES.

BAR TO REENLISTMENT -- PROCEDURES

INITIATE THE BAR

NOTICE TO AND REBUTTAL BY SOLDIER

APPROVAL OF BAR

PERIODIC REVIEW BY UNIT COMMANDER

BAR TO REENLISTMENT -- PROCEDURES

INITIATE THE BAR

NOTICE TO AND REBUTTAL BY SOLDIER

APPROVAL OF BAR

PERIODIC REVIEW BY UNIT COMMANDER

THE ADMINISTRATIVE REPRIMAND

OFFICIALLY DOCUMENTS MISCONDUCT OR POOR PERFORMANCE IN OFFICIAL FILES (AR 600-37)

AFTER INITIATED, SOLDIER MAY REBUT IN WRITING

FILING OF LETTER

ENLISTED ADMINISTRATIVE SEPARATIONS
(AR 635-200)

SOLDIERS ALWAYS AFFORDED NOTICE & AN OPPORTUNITY TO RESPOND

ENTITLED TO A BOARD IF MORE THAN 6 YEARS OF SERVICE, OR OTHER THAN HONORABLE DISCHARGE SOUGHT

PUNITIVE OPTIONS

NONJUDICIAL PUNISHMENT (ARTICLE 15)

SUMMARY COURT-MARTIAL

SPECIAL COURT-MARTIAL

NONJUDICIAL PUNISHMENT

"... any COMMANDING OFFICER

may, in addition to or in lieu of

admonition or reprimand,

impose one or more of the

following disciplinary

punishments for minor offenses

without the intervention of a court-martial..."

ARTICLE 15 -- INITIAL RESPONSIBILITIES
OF THE COMMANDER

PRELIMINARY INVESTIGATION

Whether offense was committed

Whether soldier was involved

Character & military record of the soldier

DA FORM 2627 or 2627-1

NOTIFICATION OF SOLDIER

SOLDIERS' RIGHTS IN ART 15's

FORMAL AND SUMMARIZED

Remain Silent

Examine Evidence

Present a Defense

Call Witnesses

Demand Trial by Court-martial

Have an Appeal

FORMAL ART 15's HAVE ADDITIONAL RIGHTS, SEE NEXT SLIDE

SOLDIER'S RIGHTS IN ART 15'S

Additional rights available only in Formal Article 15's (both Company Grade and Field Grade)

Consult with counsel

Have a spokesperson

Ask for an open hearing

HOW TO: ART 15 HEARING

PURPOSE: Determine if the accused committed the offense; and if so impose punishment

COMMANDER'S ACTIONS:

Consider the evidence presented

Decide guilt or innocence

Impose appropriate punishment

Explain rights to appeal

STANDARD: CO must be certain of guilt BEYOND A REASONABLE DOUBT.

ART 15 PUNISHMENTS
CATEGORIES

Admonishment/Reprimand

Forfeiture of Pay

Restriction

Extra Duty

Reduction in Rank

Correctional Custody

Amount of punishment depends on rank of accused and imposer

ART 15 APPEALS

PROCEDURE;

Written appeal (some CO's permit personal appearance)

Submitted thru imposing CO

APPELLATE AUTHORITY

Next highest level commander

FILING OF AN ARTICLE 15

SUMMARIZED: KEPT IN UNIT (LOCAL) FILE FOR TWO YEARS OR TRANSFER

FORMAL: DEPENDS UPON PAYGRADE OF ACCUSED

E-4 and below it is filed locally

E-5 and above it is filed in the OMPF

COURTS-MARTIAL

SUMMARY

SPECIAL

BAD CONDUCT SPECIAL

GENERAL

PREFER & FORWARD CHARGES

DD FORM 458 (CHARGE SHEET), AND R.C.M. 307 PROVIDE INSTRUCTIONS

CHARGE & SPECIFICATION FORMAT

OATH & PERSONAL KNOWLEDGE or INVESTIGATION

FORWARD TO SCMCA WITH RECOMMENDATION

PRETRIAL RESTRAINT IS AUTHORIZED UPON PROBABLE CAUSE THAT:

UCMJ Offense has been committed,

Accused committed it; and

Restraint is REQUIRED to ensure the accused's presence or to prevent foreseeable serious criminal misconduct

FORMS OF PRETRIAL RESTRAINT

Conditions on liberty

Restriction

(in lieu of arrest)

Arrest

Confinement

PRETRIAL CONFINEMENT

INFORM THE SJA!

SPEEDY TRIAL REQUIREMENTS

120-Day Rule

90-Day Rule

10 COMMANDMENTS OF UNLAWFUL COMMAND INFLUENCE

10 Commandments of Unlawful Command Influence

5) No outside pressures may be placed on the judge or court members to arrive at a particular decision.

6) Witnesses may NOT be intimidated or discouraged from testifying.

7) The COURT decides punishment. Accused may NOT be punished before trial.

10 Commandments of
Unlawful Command Influence

8) Recognize that subordinates & staff may "commit" command influence that will be attributed to the CO, irregardless of his knowledge or intentions.

9) Commander may not have an inflexible attitude towards clemency.

10) If a mistake is made, raise the issue immediately.

RECAP OF MAIN TEACHING POINTS

Comparison of Military & Civilian Justice Systems

UCMJ Jurisdiction

Rights Warnings before official questioning

Search Authorization/ Admin. inspections

Nonpunitive Administrative Actions

Article 15, How to

Pretrial Restraint

Initiation of Court-martial Charges

Unlawful Command Influence

DoD POLICY ON
HOMOSEXUAL CONDUCT

DoD Policy on Homosexual Conduct

At the conclusion of this session, you will be able to:

State basic points of DoD Policy

Define Sexual Orientation

State Commander's Responsibilities

Describe characteristics of credible information

List staff resources who can provide assistance

The Policy:

Suitability is based on CONDUCT

SEXUAL ORIENTATION

Is a personal/private matter

Is "an abstract sexual preference for persons of a particular sex as distinct from a propensity to engage in sexual acts"

DEFINITIONS

Propensity: Indicates a likelihood that a person engages in or will engage in homosexual acts

Homosexual: A person, regardless of sex, who engages in, attempts to engage in, has a propensity to engage in, or intends to engage in homosexual acts

WHAT IS HOMOSEXUAL CONDUCT? S.A.M.

STATEMENT

ACT

MARRIAGE BETWEEN THE SAME SEX

STATEMENT

Conveyed through language or behavior

Indicates a propensity or intent to engage in homosexual acts

IS REBUTTABLE

ACTS

ANY BODILY CONTACT:

Activily undertaken or passively permitted, between same sex persons for the purpose of satisfying sexual desires

That a reasonable person would understand to show a propensity or intent to engage in act described above

Behaviors which are not homosexual acts

Associating with known homosexuals

Marching in a gay rights rally in civilian clothes

Possessing or reading homosexual publications

Going to a gay bar

RECAP

Sexual Orientation is a private/personal matter

CONDUCT determines suitability for service

Homosexual Conduct (SAM) is justification for administrative discharge

DoD POLICY ON HOMOSEXUAL CONDUCT AFFECTS

Accessions

Separations

Criminal Investigations

Security Investigations

Military Training

ACCESSIONS

Sexual orientation ALONE is not a bar

Will not be asked to reveal whether they are heterosexual, homosexual, or bisexual

All will be informed of policy

SEPARATIONS

Based on CONDUCT

Three bases: S A M

Discharge for engaging in homosexual conduct will be "honorable" or "under honorable conditions"

A Court-Martial can have worse consequences.

CRIMINAL INVESTIGATIONS

Not done solely to determine sexual orientation

Sexual misconduct alone, between consenting adults, in private, is generally insufficient to prompt a criminal investigation

CRIMINAL INVESTIGATIONS

Allegations of sexual misconduct handled by CO in the absence of aggravating factors

If CO is uncertain what to do call JAG

PERSONNEL SECURITY

No investigation solely to determine sexual orientation

No questions about sexual orientation on Security Questionaire

Only sexual CONDUCT can be questioned

No info about sexual orientation or conduct can be used for separation

MILITARY TRAINING

Soldiers are to be informed of policy

Commanders, recruiters, and investigators, etc., are to be informed of the policy

Commander's Responsibilities

Ensure soldiers are briefed on DoD Policy on homosexual conduct

Ensure refresher and optional individual training in Military Justice, IAW AR 27-10, paragraph 19-2f

HOW SHOULD A COMMANDER RESPOND TO ALLEGATIONS OF HOMOSEXUAL CONDUCT?

WHAT THE CO SHOULD DO:

Determine if the conduct fits the DoD definition of homosexual conduct (SAM)

Verify that the information is credible

Start informal fact-finding only if credible info exists

WHAT IS CREDIBLE INFO?

Comes from a reliable source

Is an observation (sight or sound) of conduct

Would lead reasonable person to believe the person making the statement or act intended to convey the fact that he/she engages in or has propensity to engage in homosexual conduct.

HOW SHOULD YOUR COMMANDER CARRY OUT THE INQUIRY?

Confine all questions to homosexual conduct (NOT orientation!)

Verify that info is credible

Seek legal advice as needed

RESOURCES AVAILABLE TO SUPPORT YOU

SJA

MP

CID

REVIEW

Basic Points of DoD Policy

Definitions

CO Responsibilities

Available Assistance

Questions Concerning the DoD Policy on Homosexual Conduct


Application of the DoD Policy

(Discussion of Scenarios)

Outline of Instruction

Background

Forbidden targets, tactics, and techniques

Enemy captives and detainees

Civilians and private property

War crimes

Summary

BACKGROUND

ANCIENT/BIBLICAL

MIDDLE AGES

CHIVALRY

GROTIUS

GENERAL ORDER 100

GENEVA/HAGUE CONVENTIONS

THAT WAS THEN ...

"War is an act of force to compel our enemy to do our will. ... Attached to force are certain self-imposed, imperceptible limitations hardly worth mentioning, known as international law and customs, but they scarcely weaken it."

Clausewitz, 1820

THIS IS NOW ....

SOURCES OF THE LAW OF WAR

CUSTOM

TREATIES OR CONVENTIONS

Hague Regulations

1949 Geneva Conventions

U.S. CONSTITUTION ARTICLE VI

DoD.Dir 5100.77

CJCSI 5810.01

WHY STUDY/OBEY THE LAW OF WAR?

IT'S THE LAW

ENHANCES PUBLIC SUPPORT

ENCOURAGES RECIPROCAL TREATMENT BY THE ENEMY

YOU'RE PERSONALLY LIABLE FOR YOUR VIOLATIONS

TREATIES REQUIRE WE STUDY "LAW OF WAR"

WHY STUDY/OBEY THE LAW OF WAR?

YOU MAY BE LIABLE FOR SUBORDINATE'S VIOLATIONS

VIOLATIONS OF THE "LAW OF WAR" GAIN NOTHING

OUR VIOLATIONS STRENGTHEN ENEMY RESOLVE AND WEAKEN US


THE BOTTOM LINE

RESPECT FOR THE LAW OF WAR SEPARATES UNRULY MOBS FROM PROFESSIONAL SOLDIERS.

PURPOSES OF THE LAW OF WAR

PREVENT UNNECESSARY SUFFERING

SAFEGUARD FUNDAMENTAL RIGHTS

FACILITATE RESTORATION OF PEACE

LEGAL
PRINCIPLES

MILITARY NECESSITY

HUMANITY

PROPORTIONALITY

DISCRIMINATION

MILITARY NECESSITY

NOT FORBIDDEN BY INTERNATIONAL

LAW AND INDISPENSABLE FOR COMPLETE SUBMISSION OF THE ENEMY AS SOON AS POSSIBLE (FM 27-10 PAR. 3)

HUMANITY

UNNECESSARY SUFFERING

INCIDENTAL INJURY

COLLATERAL DAMAGE

PROPORTIONALITY

UNNECESSARY SUFFERING MUST NOT BE EXCESSIVE IN RELATION TO THE CONCRETE AND DIRECT MILITARY ADVANTAGE

DISCRIMINATION

PERSONS

PLACES

PROPERTY

FORBIDDEN TARGETS, TACTICS, AND TECHNIQUES

Noncombatants

Parachutist v. Paratrooper

Protected symbols

Principles revisited

Protected property

Weapons and Tactics

Noncombatants

DIPLOMATS & EMBASSY PERSONNEL

STAFF OF RELIEF SOCIETIES

MEDICAL PERSONNEL& CHAPLAINS

NONBELLIGERENT CIVILIANS

SICK AND WOUNDED

PWs

COMMON ARTICLE 3
PROHIBITIONS
(also applicable to OOTW)

VIOLENCE TO LIFE AND PERSON, IN PARTICULAR, MURDER, MUTILATION, CRUEL TREATMENT, AND TORTURE

TAKING OF HOSTAGES

OUTRAGES UPON PERSONAL DIGNITY, IN PARTICULAR, HUMILIATING AND DEGRADING TREATMENT

THE PASSING AND EXECUTION OF SENTENCES WITHOUT ANNOUNCEMENT OF A JUDGMENT IN A REGULARLY CONSTITUTED COURT WHICH AFFORDS THE ACCUSED THE BASIC TENANTS OF DUE PROCESS OF LAW RECOGNIZED AS INDISPENSABLE BY THE CIVILIZED PEOPLE OF THE WORLD

Parachutist v. Paratrooper

Parachutists jumping from disabled aircraft are considered noncombatants

Paratroopers jumping as a means to get to the fight are combatants

Protected Symbols

Red Cross

Red Crescent

Red Star of David

Protected property

Churches

Schools

Museums

Hospitals

Cultural

PROTECTED PERSONS AND PROPERTY

NO PROTECTION IS ABSOLUTE - MISUSE OR ABUSE RESULTS IN LOSS OF PROTECTION

WHAT DO WE DO IF A PROTECTED PLACE OR PERSON IS HIT BY ACCIDENT?

REPORT IT.

INVESTIGATE AND DOCUMENT IT.

MITIGATE IT (CARE FOR VICTIMS/COMPENSATE)

TRY TO AVOID THE PROBLEM. FOR EXAMPLE, IF A HOSPITAL IS BEING MISUSED BY THE ENEMY, WE ATTEMPT TO WARN BEFORE STRIKING, UNLESS OPERATIONAL REQUIREMENTS DICTATE OTHERWISE.

Weapons and Tactics

"Legal" weapons

Chemical weapons

Biological weapons

Stratagems and Ruses

Treachery and Perfidy

Reprisals

"Legal" weapons

WEAPONS

SMALL ARMS

Prohibition on exploding or expanding ammunition.

FRAGMENTATION

INCENDIARIES

LASERS

MINES AND BOOBY TRAPS

USE IS PERMITTED UNDER THE LAW OF WAR SUBJECT TO THE FOLLOWING

LIMITATIONS:

INDISCRIMINATE USE PROHIBITED (MUST TARGET MILITARY)

CAN NOT BE USE IN A MANNER TO TAKE ADVANTAGE OF THE ENEMY'S COMPLIANCE WITH THE LAW OF WAR (CAN NOT BOOBY TRAP CORPSES

WITH MINES, THERE MUST BE SIGNS, A PLAN FOR RECOVERY, OR A MAP TO PERMIT RECOVERY (W.W.I MINES ARE STILL KILLING CIVILIANS

Chemical weapons

Biological weapons


Stratagems and Ruses

Permitted activities

Ambushes

Bribes

Psyops

Use of enemy equipment/clothing

Treachery and Perfidy

Reprisals

Authorized only if:

Timely

Responsive to enemy act

Lesser response ineffective

Proportional

Not against protected persons

Ordered by NCA

ENEMY CAPTIVES AND DETAINEES

Allow surrender

Humane treatment

No coercion

ENEMY CAPTIVES AND DETAINEES

Provide medical care

Safeguard captives

Don't take personal property

TREAT EPWs HUMANELY

MUST RECEIVE HUMANE TREATMENT

PROPER MEDICAL CARE, FOOD, CLOTHING, AND SHELTER

RESPECT FOR THEIR PERSONS AND PROPERTY

PROMPT EVACUATION FROM COMBAT ZONE

MAY NOT BE COMPELLED TO PERFORM DANGEROUS, HUMILIATING, OR WAR-RELATED LABOR

FREE TO PRACTICE RELIGION

NO TORTURE, CANNOT USE COERCION TO OBTAIN INFORMATION

MAY NOT KILL BECAUSE PRESENCE RETARDS A MILITARY OPERATION

RIGHTS OF PRISONERS OF WAR

RIGHT TO SANITARY, PROTECTIVE HOUSING AND CLOTHING

RIGHT TO SUFFICIENT FOOD TO MAINTAIN GOOD HEALTH

RIGHT TO ADEQUATE MEDICAL CARE AND NECESSARY FACILITIES TO ENSURE PROPER HYGIENE

RIGHT TO RETAIN MOST PERSONAL PROPERTY EXCEPT ARMS, MILITARY EQUIPMENT AND DOCUMENTS

RIGHT TO SEND AND RECEIVE MAIL AND RECEIVE PACKAGES CONTAINING FOODSTUFFS, CLOTHING, AND OR RELIGIOUS, EDUCATIONAL, OR RECREATIONAL MATERIAL

RIGHT TO HAVE A PRISONERS' REPRESENTATIVE

CIVILIANS AND PRIVATE PROPERTY

Don't violate civilians' rights in war zones

Ensure the safety of civilians

Don't burn or steal civilian property

WAR CRIMES

Do your best to prevent crimes

Don't violate the laws of war

Report crimes immediately through your chain of command

RULES OF ENGAGEMENT

LAW OF WAR

MILITARY PLANS

POLITICAL POLICY

PUBLIC OPINION

RAMP
A TRAINING SYSTEM FOR RULES OF ENGAGEMENT

RETURN FIRE
ANTICIPATE ATTACK.
MEASURE THE AMOUNT OF FORCE USED.
PROTECT WITH DEADLY FORCE ONLY HUMAN LIFE AND PROPERTY DESIGNATED BY YOUR COMMANDER.

ROE - WHY?

NUCLEAR ESCALATION FEARS DURING COLD WAR

"YOU ARE THERE" COMMO

"YOU ARE THERE" NEWS MEDIA

ROE - THE CHALLENGES

NOT REALLY PART OF OUR CULTURE (ADD-ON, NUISANCE)

NO REAL ARMY DOCTRINE (ALL SITUATIONAL)

PLENTY OF "HELP"(LAWYERS, MEDIA, ALLIES, POLITICAL LEADERS, SENIOR OFFICERS)

TRADITIONAL ROE
EXAMPLE 1

UNITAF, SOMALIA:

"YOU ARE AUTHORIZED TO USE DEADLY FORCE IN SELF-DEFENSE IF THERE IS A CLEAR DEMONSTRATION OF HOSTILE INTENT IN YOUR PRESENCE."

WHAT IS A "CLEAR DEMONSTRATION OF HOSTILE INTENT"?

TRADITIONAL ROE
EXAMPLE 2

JTF CORTINA: "FOR EACH MISSION, PILOTS MUST BE BRIEFED ON THE LOCATIONS OF CIVILIANS AND FRIENDLY FORCES."

HOW DO WE KNOW WHERE CIVILIANS CAN BE FOUND?

IF WE DON'T KNOW, CAN WE STILL FLY AND SHOOT?

TRADITIONAL ROE
EXAMPLE 3

JTF-B, HONDURAS: MILITARY PERSONNEL RECEIVING HOSTILE FIRE ARE AUTHORIZED TO RETURN FIRE, IF THIS IS NECESSARY IN SELF-DEFENSE.

CAN WE SHOOT OR NOT?

WHAT'S WRONG WITH
THIS PICTURE?

ROE FOR/BY LAWYERS - SOPHISTICATED TERMS

NEED AN INTENT/CONCEPT, NOT SPECIFIC "LAUNDRY LIST"

ROE USUALLY COME LATE IN THE GAME - DICTATED RATHER THAN TRAINED

RAMP- ALTERNATIVE APPROACH

TASK/CONDITION/STANDARD

"RAMP" MEMORY KEY-WORD(LIKE SPORTS, METT-T, OCOKA, SALUTE, 5 S's)

STX ITERATIONS

RAMP

RETURN FIRE WITH AIMED FIRE.

ANTICIPATE ATTACK.

MEASURE THE AMOUNT OF FORCE YOU USE.

PROTECT WITH DEADLY FORCE ONLY HUMAN LIFE AND PROPERTY DESIGNATED BY YOUR COMMANDER.

RETURN FIRE
WITH AIMED FIRE

YOU ALWAYS CAN SHOOT BACK (RIGHT OF SELF-DEFENSE)

AIMED FIRE IS KEY; IT KILLS BAD GUYS AND PROTECTS THE INNOCENT

ANTICIPATE ATTACK

YOU DON'T HAVE TO TAKE THE FIRST HIT.

"HAND SALUTE" IF UNSURE

HAND - WHAT IS HE HOLDING?

S (ize) - HOW MANY?

A (ctivity) - WHAT IS HE DOING?

L (ocation) - HOW CLOSE? HOW NEAR OTHERS?

U (niform) - IS HE IN UNIFORM/ORGANIZED?

T (ime) - HOW SOON UNTIL HE'S ON YOU?

E (quipment) - WHAT WEAPONS?

DESIGNATED HOSTILES CAN ALWAYS BE ENGAGED (UNIFORM, EQUIPMENT, ACTIVITY)

MEASURE THE AMOUNT
OF FORCE YOU USE

MEASURE IF YOU HAVE TIME TO DO SO.

USE FORCE APPROPRIATE TO THE TARGET/SITUATION.

VEWPRIK CONCEPT:

V - VERBAL WARNING IN LOCAL LANGUAGE;

E - EXHIBIT WEAPON

W - WARNING SHOT

P - PEPPER SPRAY

R - RIOT STICK

I - INJURE WITH FIRE

K - KILL WITH FIRE

PROTECT WITH DEADLY FORCE HUMAN LIFE

PROTECT OTHER SOLDIERS, ALLIES, CIVILIANS, PRISONERS

PROTECT PROPERTY DESIGNATED BY YOUR COMMANDER (EMBASSY, AIRCRAFT, AMMO STORAGE, AID STATION)

DOES RAMP WORK?

101st ABN (AASLT) DIV TESTED RAMP TRAINING

TF 1-327 IN NEO (JRTC 94-10)

TF 2-502 IN NEO (CORPS EDRE)

TF 1-327 IN NGO SECURITY (JRTC 95-07)

BOTTOM LINE:

SOLDIERS UNDERSTAND IT

ENEMY IS KILLED

CIVILIANS/FRIENDLIES ARE NOT KILLED

CONSIDERATIONS FOR TARGETING

LAWFUL VS. PROTECTED

COMBATANTS V. NONCOMBATANTS /CIVILIANS

MILITARY OBJECTIVES

PROTECTED PLACES OR PROPERTY

TARGETING CONSIDERATIONS SUMMARY

VERIFY THE TARGET

MINIMIZE UNNECESSARY SUFFERING AND COLLATERAL DAMAGE

PROPORTIONALITY

FIGHT AND WIN

BY THE

RULES

IT'S THE AMERICAN WAY OF WAR