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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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