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33 JAG J. 121 (1984)
United States v. Allen

handle is hein.journals/naval33 and id is 127 raw text is: Issue 33 United States v. Allen Commander James A. Freyer, JAGC, USN* Credit required for pretrial confinement: Relying on a 1968 Department of Defense instruction mandating uniformity in sentence computation between court-martial and other Federal prisoners, the United States Court of Military Appeals decided that court-martial prisoners must receive day-for-day credit for time spent in legal pretrial confinement, against sentences to confinement at hard labor. How such a credit relates to the consideration other- wise required to be afforded pretrial confinement by sentencing and reviewing authorities, and to certain judicially ordered credits for illegal pretrial confinement, will necessitate clarification in the courts. United States v. Allen, 17 M.J. 126 (C.M.A. 1984). I. INTRODUCTION. Since 1956,' the Court of Military Appeals has been concerned with various aspects of pretrial confinement. Among the issues addressed by the court have been the following: when pretrial confinement may2 and should3 be imposed; what conditions of pretrial confinement are permis- sible;4 what kinds of review of decisions to impose pretrial confinement are required or available;' what remedies are appropriate to redress illegal pretrial confinement;' how credits for illegal pretrial confinement are to be recognized in computation of sentences;7 and how pretrial confine- ment is to be taken into account by sentencing bodies and reviewing *Commander Freyer is currently serving in the Military Justice Division, Office of the Judge Advocate General. He received the B.A. degree from Swarthmore College in 1962; the LL.B. degree from the University of Pennsylvania in 1965; and the LL.M. degree from New York University in 1967. 1. United States v. Bayhand, 6 U.S.C.M.A. 762, 21 C.M.R. 84 (1956). 2. United States v. Heard, 3 M.J. 14 (C.M.A. 1977); United States v. Jennings, 19 U.S.C.M.A. 88, 41 C.M.R. 88 (1969). 3. Heard, 3 M.J. 14; Jennings, 19 U.S.C.M.A. 88, 41 C.M.R. 88. 4. Heard, 3 M.J. 14; Jennings, 19 U.S.C.M.A. 88,41 C.M.R. 88; Bayhand, 6 U.S.C.M.A. 762, 21 C.M.R. 84; United States v. Nelson, 18 U.S.C.M.A. 177, 39 C.M.R. 177 (1969); United States v. Bruce, 14 M.J. 254 (C.M.A. 1982). 5. Courtney v. Williams, 1 M.J. 267 (C.M.A. 1976); United States v. Malia, 6 M.J. 65 (C.M.A. 1978); United States v. Lynch, 13 M.J. 394 (C.M.A. 1982). 6. United States v. Lamer, 1 M.J. 371 (C.M.A. 1976); Malia, 6 M.J. 65; Lynch 13 M.J. 394; United States v. Suzuki, 14 M.J. 491 (C.M.A. 1983). 7. Larner, 1 M.J. 371; Heard, 3 M.J. 14; Suzuki, 14 M.J. 491.

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