Foreword
August 2025
The Criminal Law Department at The Judge Advocate General's Legal Center and School, U.S. Army (TJAGLCS), proudly presents this updated edition of the Criminal Law Deskbook as a vital resource for Judge Advocates and Paralegals across the Department of Defense (DoD). This deskbook serves as a comprehensive reference, practical guide, and training tool, addressing both the substantive and procedural dimensions of military justice. While designed to be a robust starting point for research and practice, it is not intended as an exhaustive academic treatise. Practitioners are encouraged to independently review, analyze, and Shepardize cited case law and primary sources, forming their own interpretations of precedent and policy. The deskbook does not represent official Army or DoD policy, nor does it necessarily reflect the views of TJAGLCS or any DoD agency.
HISTORY OF THE DESKBOOK
The tradition of deskbooks at TJAGLCS spans all academic departments, originating as instructional outlines for Officer Basic Course and Graduate Degree Program students. In the 1990s, the Criminal Law Deskbook existed in multiple iterations, tailored for different audiences, such as the Basic Course and the Graduate Degree Program, with new versions printed for each incoming class.
In the mid-2000s, these versions were consolidated into two volumes covering substantive and procedural criminal law. A third volume on advocacy was introduced, followed by a fourth in 2011 addressing special topics, including capital and complex litigation. In 2013, the Criminal Law Department unified these into a single, comprehensive deskbook. The 2015 edition streamlined the content for conciseness, while the 2017 edition reorganized chapters to align with the chronological flow of criminal procedure. That same year, advocacy chapters were refined and incorporated into The Advocacy Trainer, and policies related to SHARP, FAP, the SVC Program, and victims’ rights were consolidated into a single chapter.
Significant updates in 2019 reflected the transformative changes brought by the Military Justice Act of 2016, effective 1 January 2019. The July 2018 deskbook remains the most recent version addressing pre-Military Justice Act law and procedure. Practitioners must carefully consider the offense date when applying Military Justice Act provisions, as it may determine the applicability of specific amendments.
In 2020, the deskbook transitioned to an online Wiki format, enhancing accessibility across devices such as computers, tablets, and smartphones. This digital platform enables the Criminal Law Department to deliver real-time updates to reflect evolving legal developments, eliminating the need for annual printed editions. Where feasible, citations are hyperlinked to direct readers to relevant case law and primary sources.
2025 UPDATE. This edition of the Criminal Law Deskbook has been thoroughly revised to ensure its continued relevance and accuracy in light of recent legal developments and feedback from the field. The Criminal Law Department has reviewed and updated content to align with current military justice practices, incorporating user suggestions to enhance clarity and utility. This update reaffirms our commitment to providing a dynamic, authoritative resource for the military justice community.
PROVIDING FEEDBACK
To maintain the deskbook’s accuracy and utility, we actively seek your input. Readers are encouraged to report discrepancies (substantive or technical) and offer suggestions for improvement. Please direct feedback to the Vice Chair of the Criminal Law Department, whose contact information is available in the “Criminal Law Faculty” hyperlink in the Table of Contents.
Looking ahead, the Criminal Law Department will continue to evaluate the deskbook’s content and structure, guided by three core considerations: (1) the availability of existing criminal law resources; (2) the role of TJAGLCS and the Criminal Law Department in training and developing Judge Advocates and Paralegals across the Army and DoD; and (3) our mission to deliver high-quality ABA-accredited instruction to our LL.M. students in the Graduate Degree Program.