United States v. Sharrock

The Manual for Courts-Martial describes the circumstances under which a commanding officer may order a servieemember into pretrial confinement. RCM 305, Manual for Courts-Martial, United States, 1984. Under this rule, which “was developed from the premise that no person should be confined unnecessarily and attempts to strike a balance between individual liberty and the protection of society,” 1 a service-member may not be ordered into confinement unless “there is a reasonable belief that: (1) [a]n offense triable by court-martial has been committed; (2) [t]he person confined committed it; and…