person of the limits of the arrest. The order of arrest may
be oral or written. A person to be confined is placed
under guard and taken to the place of confinement.
Art. 12. Confinement with Enemy Prisoners
Prohibited
No member of the armed forces may be
p l a c e d i n c o n fi n e m e n t i n i m m e d i a t e
association with enemy prisoners or other
foreign nationals not members of the armed
forces.
Members of the armed forces may be confined in
the same jails, prisons, or other confinement facilities,
however, so long as they are separated from the other
categories mentioned.
Art. 13. Punishment Prohibited Before Trial
No person, while being held for trial, may
be subjected to punishment or penalty other
than arrest or confinement upon the charges
pending against him, nor shall the arrest or
confinement imposed upon him be any more
rigorous than the circumstances required to
ensure his presence, but he may be subjected to
minor punishment during that period for
infractions of discipline.
The minor punishment permitted under article 13
includes that authorized for violations of discipline set
forth by the place in which the person is confined. The
article does not prevent a person from being required to
do ordinary cleaning or policing or from taking part in
routine training and duties not involving the bearing of
arms.
Art. 14. Delivery of Offenders to Civil
Authorities
(a) U n d e r s u c h r e g u l a t i o n s a s t h e
Secretary concerned may prescribe, a member
of the armed forces accused of an offense
against civil authority may be delivered, upon
request, to the civil authority for trial.
(b) When delivery under this article is
made to any civil authority of a person
undergoing sentence of a court-martial, the
delivery, if followed by conviction in a civil
tribunal, interrupts the execution of the
sentence of the court-martial, and the offender
after having answered to the civil authorities for
this offense shall, upon the request of
competent military authority, be returned to
military custody for the completion of his
sentence.
Art. 15. Commanding Officers Nonjudicial
Punishment
Article 15 explains commanding officers
n o n j u d i c i a l p u n i s h m e n t . Fo r s o m e o ff e n s e s ,
commanders may offer an article 15 instead of
court-martial. If accepted, the commander may impose
punishment as permitted by regulations (usually at
captains mast). Receiving an article 15 is not a
conviction, and it does not give a person a criminal
record. This article will be explained in greater detail
later in this chapter under Nonjudicial Punishment.
Art. 25. Who May Serve on Courts-Martial
A n y
c o m m i s s i o n e d
o ffi c e r,
i n c l u d i n g
commissioned warrant officers, on active duty with the
armed forces is eligible to serve on a court-martial. Any
warrant officer on active duty with the armed forces is
eligible to serve on a general court-martial (GCM) and
special court-martial (SPCM) for the trial of any person,
other than a commissioned officer. Any enlisted person
on active duty with the armed forces who is not a
member of the same unit as the accused is eligible to
serve on general and special courts-martial for the trial
of enlisted persons. However, enlisted personnel may
serve as a member of a court-martial only if, before the
assembling of such court, the accused has personally
requested in writing that enlisted personnel serve as
members of the court.
Art. 27. Detail of Trial Counsel and Defense
Counsel
Each general and special court-martial must have a
trial counsel and a defense counsel, with such assistants
as the convening authority deems necessary. The terms
counsel, trial counsel, and defense counsel should be
interpreted to mean the detailed counsel named in the
2-19
Student Notes: