Illinois Compiled Statutes 20 ILCS 1807/34 – Article 34. Advice of judge advocate and reference for trial
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(a) Before directing the trial of any charge by general or special court-martial, the convening authority shall refer it to a judge advocate for consideration and advice. The convening authority may not refer a specification under a charge to a general or special court-martial for trial unless the convening authority has been advised in writing by a judge advocate that:
(1) the specification alleges an offense under this
(1) the specification alleges an offense under this
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Code;
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(2) the specification is warranted by the
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evidence indicated in the report of investigation under Article 32 of this Code, if there is such a report; and
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(3) a court-martial would have jurisdiction over the
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accused and the offense.
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(b) The advice of the judge advocate under subsection (a) with respect to a specification under a charge shall include a written and signed statement by the judge advocate:
(1) expressing conclusions with respect to each
Terms Used In Illinois Compiled Statutes 20 ILCS 1807/34
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
(1) expressing conclusions with respect to each
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matter set forth in subsection (a); and
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(2) recommending action that the convening authority
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take regarding the specification.
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If the specification is referred for trial, the recommendation of the judge advocate shall accompany the specification.
(c) If the charges or specifications are not correct formally 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, may be made.
(c) If the charges or specifications are not correct formally 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, may be made.