Unlawful Command Influence Preserving The Delicate Balance

This paper addresses the issue of unlawful command influence in the military justice system. A delicate balance exists between the commander's need to announce command policies to members of his command and the need for a fair trial. When the commander or his representative takes action to upset this delicate balance, either by improperly influencing the court members during a trial or by intimidating defense witnesses, unlawful command influence results. This has a deleterious impact on the accused and the military justice system. It may also subject the commander to prosecution under the Uniform Code of Military Justice. This paper examines the legislative history of unlawful command influence and then examines relevant case law. It then makes recommendations for the commander and his staff to preclude the problem from arising, and recommends remedial actions, should unlawful command influence occur. (Author).