Court-Martial Trial Practice Blog
I’m a proponent of restitution in cases where it may lead to a reduction in confinement or suspension of a punitive discharge. I’m a proponent in cases even where there has been no ‘unjust enrichment.’
The CGCCA in United States v. Scott addresses restitution in the context of when restitution should be made and what happens if not timely made.
A couple of thoughts.
Why wouldn’t the CA accept a cashier’s check, as an alternative to the required money order? That seems a little overly rigid.
Why wouldn’t the CA be willing to waive the deadline? It was going to be missed by four days.
Why make the restitution if the CA won’t waive the deadline and is adamant there is no PTA? Because the accused thought that would persuade the MJ to not impose a BCD?