Unlawful Command Influence

Commanders at every level must be free to exercise discretion to impose discipline without interference from a superior commander.

A commander should not:

• Express public opinion regarding an accused's guilt or innocence

• Order a subordinate commander to impose a particular punishment or to take a certain action under the Uniform Code of Military Justice

• Have an inflexible policy on how a type of case must be disposed

• Admonish a court, member or military judge with respect to findings or sentencing

• Select or remove court members to obtain a particular result

• Attempt to influence a military judge, counsel, witness or court members to obtain a particular result

Examples of lawful command influence include:

• Establishing and communicating policies necessary to maintain good order and discipline

• Withholding a subordinate commander's authority to act in an individual case or types of cases and imposing punishment directly

• Requesting a subordinate to reconsider action in light of new evidence

• Consulting with subordinates on judicial decisions at the subordinate's request

• Focusing on problem areas like "illegal drug use," without implying a particular result in every case