(1) That the signer has personal knowledge of, or has investigated, the matters set forth herein; and
(2) that they are true in fact to the best of his or her knowledge and belief.
(b) Upon the preferring of charges, the officer having court-martial jurisdiction shall take immediate steps to determine what disposition should be made thereof in the interest of justice and discipline, and the person accused shall be informed of the charges against him or her as soon as practicable.
History: L. 1972, ch. 203, § 48-2601; July 1.
(b) No person subject to this code may interrogate or request any statement from an accused or a person suspected of an offense without first informing him or her of the nature of the accusation and advising him or her that he or she does not have to make any statement regarding the offense of which he or she is accused or suspected, that any statement made by him or her may be used as evidence against him or her in a trial by court-martial, that he or she has a right to consult with a lawyer, that he or she has a right to have a lawyer present during questioning, that he or she has a right to request a lawyer and that upon request one will be provided without cost or, if he or she prefers, he or she may retain counsel of his or her choice at his or her own expense.
(c) No person subject to this code may compel any person to make a statement or produce evidence before any military tribunal if the statement or evidence is not material to the issue and may tend to degrade the person.
(d) No statement obtained from any person in violation of this section, or through the use of coercion, unlawful influence or unlawful inducement may be received in evidence against the person in a trial by court-martial.
(e) The requirements of this section are binding on all persons administering this code but failure to follow them does not divest a military court of jurisdiction.
History: L. 1972, ch. 203, § 48-2602; July 1.
(b) The accused shall be advised of the charges against him or her and of the right to be represented at that investigation by counsel. Upon the accused's own request he or she shall be represented by civilian counsel if provided by the accused, or military counsel of the accused's own selection if such counsel is reasonably available, or by counsel detailed by the judge advocate general. At that investigation full opportunity shall be given to the accused to cross-examine witnesses against the accused if they are available and to present anything the accused may desire in his or her own behalf, either in defense or mitigation, and the investigating officer shall examine available witnesses requested by the accused. If the charges are forwarded after the investigation, they shall be accompanied by a statement of the substance of the testimony taken on both sides and a copy thereof shall be given to the accused.
(c) If an investigation of the subject matter of an offense has been conducted before the accused is charged with the offense, and if the accused was present at the investigation and afforded the opportunities for representation, cross-examination, and presentation prescribed in subsection (b), no further investigation of that charge is necessary under this section unless it is demanded by the accused after he or she is informed of the charge. A demand for further investigation entitles the accused to recall witnesses for further cross-examination and to offer any new evidence in his or her own behalf.
(d) The requirements of this section are binding on all persons administering this code but failure to follow them does not divest a military court of jurisdiction.
History: L. 1972, ch. 203, § 48-2603; July 1.
History: L. 1972, ch. 203, § 48-2604; July 1.
(1) The specification alleges an offense under this code;
(2) the specification is warranted by the evidence indicated in the report of the investigation under K.S.A. 48-2603 and amendments thereto, if there is such a report; and
(3) a court-martial would have jurisdiction over the accused and the offense.
(b) The advice of the staff judge advocate under subsection (a) with respect to a specification under a charge shall include a written and signed statement by the staff judge advocate:
(1) Expressing the staff judge advocate's conclusions with respect to each matter set forth in subsection (a); and
(2) recommending action that the convening authority take regarding the specification.
If the specification is referred for trial, the recommendation of the staff judge advocate shall accompany the specification.
(c) If the charges or specifications are not formally correct or do not conform to the substance of the evidence contained in the report of the investigating officer, formal corrections, and such changes in the charges and specifications as are needed to make them conform to the evidence shall be made.
History: L. 1972, ch. 203, § 48-2605; L. 1988, ch. 191, § 22; July 1.
History: L. 1972, ch. 203, § 48-2606; July 1.