2008 edition - Fort Sam Houston - U.S. Army

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SUBCHAPTER IX. APPENDIX 2 Sec. Art. 872. 72. Vacation of suspension. 873. 73. Petition for a new trial. 874. 74. Remission and suspension. 875. 75. Restoration. 876. 76. Finality of proceedings, findings, and sentences. 876a. 76a. Leave required to be taken pending review of certain court-martial convictions. 876b. 76b. Lack of mental capacity or mental responsibility: commitment of accused for examination and treatment. § 859. Art. 59. Error of law; lesser included offense (a) A finding or sentence of court-martial may not be held incorrect on the ground of an error of law unless the error materially prejudices the substantial rights of the accused. (b) Any reviewing authority with the power to approve or affirm a finding of guilty may approve or affirm, instead, so much of the finding as includes a lesser included offense. § 860. Art. 60. Action by the Convening authority (a) The findings and sentence of a court-martial shall be reported promptly to the convening authority after the announcement of the sentence. Any such submission shall be in writing. (b)(1) The accused may submit to the convening authority matters for consideration by the convening authority with respect to the findings and the sentence. Any such submissions shall be in writing. Except in a summary court-martial case, such a submission shall be made within 10 days after the accused has been given an authenticated record of trial and, if applicable, the recommendation of the staff judge advocate or legal officer under subsection (d). In a summary court-martial case, such a submiss i o n s h a l l b e m a d e w i t h i n s e v e n d a y s a f t e r t h e s e n t e n c e i s announced. (2) If the accused shows that additional time is required for the accused to submit such matters, the convening authority or other person taking action under this section, for good cause, may extend the applicable period under paragraph (1) for not more than an additional 20 days. ( 3 ) I n a s u m m a r y c o u r t - m a r t i a l c a s e , t h e a c c u s e d s h a l l b e promptly provided a copy of the record of trial for use in preparing a submission authorized by paragraph (1). (4) The accused may waive his right to make a submission to the convening authority under paragraph (1). Such a waiver must be made in writing and may not be revoked. For the purposes of subsection (c)(2), the time within which the accused may make a submission under this subsection shall be deemed to have expired upon the submission of such a waiver to the convening authority. (c)(1) The authority under this section to modify the findings and sentence of a court-martial is a matter of command prerogative involving the sole discretion of the convening authority. Under regulations of the Secretary concerned, a commissioned officer commanding for the time being, a successor in command, or any A2-18 person exercising general court-martial jurisdiction may act under this section in place of the convening authority. (2) Action on the sentence of a court-martial shall be taken by the convening authority or by another person authorized to act under this section. Subject to regulations of the Secretary concerned, such action may be taken only after consideration of any matters submitted by the accused under subsection (b) or after the time for submitting such matters expires, whichever is earlier. The convening authority or other person taking such action, in his sole discretion, may approve, disapprove, commute, or suspend the sentence in whole or in part. (3) Action on the findings of a court-martial by the convening authority or other person acting on the sentence is not required. However, such person, in his sole discretion, may— (A) dismiss any charge or specification by setting aside a finding of guilty thereto; or (B) change a finding of guilty to a charge or specification to a finding of guilty to an offense that is a lesser included offense of the offense stated in the charge or specification. (d) Before acting under this section on any general court-martial case or any special court-martial case that includes a bad-conduct discharge, the convening authority or other person taking action under this section shall obtain and consider the written recommendation of his staff judge advocate or legal officer. The convening authority or other person taking action under this section shall refer the record of trial to his staff judge advocate or legal officer, and the staff judge advocate or legal officer shall use such record in the preparation of his recommendation. The recommendation of the staff judge advocate or legal officer shall include such matters as the President may prescribe by regulation and shall be served on the accused, who may submit any matter in response under subsection (b). Failure to object in the response to the recommendation or to any matter attached to the recommendation waives the right to object thereto. (e)(1) The convening authority or other person taking action under this section, in his sole discretion, may order a proceeding in revision or a rehearing. (2) A proceeding in revision may be ordered if there is an apparent error or omission in the record or if the record shows improper or inconsistent action by a court-martial with respect to the findings or sentence that can be rectified without material prejudice to the substantial rights of the accused. In no case, however, may a proceeding in revision— (A) reconsider a finding of not guilty of any specification or a ruling which amounts to a finding of not guilty; (B) reconsider a finding of not guilty of any charge, unless there has been a finding of guilty under a specification laid under that charge, which sufficiently alleges a violation of some article of this chapter; or (C) increase the severity of some article of the sentence unless the sentence prescribed for the offense is mandatory. (3) A rehearing may be ordered by the convening authority or other person taking action under this section if he disapproves the findings and sentence and states the reasons for disapproval of the findings. If such person disapproves the findings and sentence and does not order a rehearing, he shall dismiss the charges. A rehearing as to the findings may not be ordered where there is a lack of sufficient evidence in the record to support the findings. A
ehearing as to the sentence may be ordered if the convening authority or other person taking action under this subsection disapproves the sentence. § 861. Art. 61. Waiver or withdrawal of appeal (a) In each case subject to appellate review under section 866 or 869(a) of this title (article 66 or 69(a)), except a case in which the sentence as approved under section 860(c) of this title (article 60(c)) includes death, the accused may file with the convening authority a statement expressly waiving the right of the accused to such review. Such a waiver shall be signed by both the accused and by defense counsel and must be filed within 10 days after the action under section 860(c) of this title (article 60(c)) is served on the accused or on defense counsel. The convening authority or other person taking such action, for good cause, may extend the period for such filing by not more than 30 days. (b) Except in a case in which the sentence as approved under section 860(c) of this title (article 60(c)) includes death, the accused may withdraw an appeal at any time. (c) A waiver of the right to appellate review or the withdrawal of an appeal under this section bars review under section 866 or 869(a) of this title (article 66 or 69(a)). § 862. Art. 62. Appeal by the United States (a) (1) In a trial by court-martial in which a military judge presides and in which a punitive discharge may be adjudged, the United States may appeal the following (other than an order or ruling that is, or that amounts to, a finding of not guilty with respect to the charge or specification): (A) An order or ruling of the military judge which terminates the proceedings with respect to a charge or specification. (B) An order or ruling which excludes evidence that is substantial proof of a fact material in the proceeding. (C) An order or ruling which directs the disclosure of classified information. (D) An order or ruling which imposes sanctions for nondisclosure of classified information. (E) A refusal of the military judge to issue a protective order sought by the United States to prevent the disclosure of classified information. (F) A refusal by the military judge to enforce an order described in subparagraph (E) that has previously been issued by appropriate authority. (2) An appeal of an order or ruling may not be taken unless the trial counsel provides the military judge with written notice of appeal from the order or ruling within 72 hours of the order or ruling. Such notice shall include a certification by the trial counsel that the appeal is not taken for the purpose of delay and (if the order or ruling appealed is one which excludes evidence) that the evidence excluded is substantial proof of a fact material in the proceeding. (3) An appeal under this section shall be diligently prosecuted by appellate Government counsel. (b) An appeal under this section shall be forwarded by a means prescribed under regulations of the President directly to the Court UNIFORM CODE OF MILITARY JUSTICE § 864. Art. 64.(b)(1) of Criminal Appeals and shall, whenever practicable, have priority over all other proceedings before that court. In ruling on an appeal under this section, the Court of Criminal Appeals may act o n l y w i t h r e s p e c t t o m a t t e r s o f l a w , n o t w i t h s t a n d i n g s e c t i o n 866(c) of this title (article 66(c)). (c) Any period of delay resulting from an appeal under this section shall be excluded in deciding any issue regarding denial of a speedy trial unless an appropriate authority determines that the appeal was filed solely for the purpose of delay with the knowledge that it was totally frivolous and without merit. § 863. Art. 63. Rehearings Each rehearing under this chapter shall take place before a court-martial composed of members not members of the courtmartial which first heard the case. Upon a rehearing the accused may not be tried for any offense of which he was found not guilty by the first court-martial, and no sentence in excess of or more severe than the original sentence may be approved, unless the sentence is based upon a finding of guilty of an offense not considered upon the merits in the original proceedings, or unless the sentence prescribed for the offense is mandatory. If the sentence approved after the first court-martial was in accordance w i t h a p r e t r i a l a g r e e m e n t a n d t h e a c c u s e d a t t h e r e h e a r i n g changes his plea with respect to the charges or specifications upon which the pretrial agreement was based, or otherwise does not comply with the pretrial agreement, the approved sentence as to those charges or specifications may include any punishment not in excess of that lawfully adjudged at the first court-martial. § 864. Art. 64. Review by a judge advocate (a) Each case in which there has been a finding of guilty that is not reviewed under section 866 or 869(a) of this title (article 66 or 69(a)) shall be reviewed by a judge advocate under regulations of the Secretary concerned. A judge advocate may not review a case under this subsection if he has acted in the same case as an a c c u s e r , i n v e s t i g a t i n g o f f i c e r , m e m b e r o f t h e c o u r t , m i l i t a r y judge, or counsel or has otherwise acted on behalf of the prosecution or defense. The judge advocate’s review shall be in writing and shall contain the following: (1) Conclusions as to whether— ( A ) t h e c o u r t h a d j u r i s d i c t i o n o v e r t h e a c c u s e d a n d t h e offense; (B) the charge and specification stated an offense; and (C) the sentence was within the limits prescribed as a matter of law. (2) A response to each allegation of error made in writing by the accused. (3) If the case is sent for action under subsection (b), a recommendation as to the appropriate action to be taken and an opinion as to whether corrective action is required as a matter of law. (b) The record of trial and related documents in each case reviewed under subsection (a) shall be sent for action to the person exercising general court-martial jurisdiction over the accused at the time the court was convened (or to that person’s successor in command) if— (1) the judge advocate who reviewed the case recommends corrective action; A2-19
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MANUAL FOR COURTS-MARTIAL UNITED ST
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PREFACE The Manual for Courts-Marti
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MRE 503 regarding the privilege att
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PART I PREAMBLE 1. Sources of milit
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MCM 2008 (l) Confinement after rele
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MCM 2008 (d) When charges may be re
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MCM 2008 (d) Effect of replacement
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MCM 2008 (b) Refusal to plead; irre
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MCM 2008 Rule 923. Impeachment of f
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MCM 2008 (c) Loss of record. . . .
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MCM 2008 (b) Petition by the accuse
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MCM 2008 SECTION III EXCLUSIONARY R
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MCM 2008 Rule 321. Eyewitness ident
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MCM 2008 Rule 509. Deliberations of
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MCM 2008 (15) Statements in documen
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MCM 2008 c. Explanation. . . . . .
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MCM 2008 a. Text of statute. . . .
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MCM 2008 f. Sample specification. .
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MCM 2008 d. Lesser included offense
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MCM 2008 d. Lesser included offense
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MCM 2008 b. Elements. . . . . . . .
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MCM 2008 f. Sample specification. .
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MCM 2008 a. Notice. . . . . . . . .
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1. Sources of military jurisdiction
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Rule 101. Scope, title (a) In gener
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they remain possessions, but does n
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eviewing authority with respect to
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Discussion Complaints need not be m
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Rule 201. Jurisdiction in general (
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t h i s p o l i c y d o e s n o t a
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with respect to offenders or offens
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p e r s o n s u n d e r t h e l a w
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CHAPTER III. INITIATION OF CHARGES;
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(B) Under exigent circumstances des
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straint, including its terms or lim
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305(i)(1), or this subsection preve
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of evidence or of misconduct which,
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matter shall be forwarded to the ge
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essential to the offense, so they m
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CHAPTER IV. FORWARDING AND DISPOSIT
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the hour and date of receipt to be
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counsel. The investigating officer
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expenses to testify at a pretrial i
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in the Article 32 investigating off
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t h e m a t t e r ) t o a s u b o r
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court-martial without a military ju
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counsel. Responsibility for trial o
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efore assembly, request orally on t
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See also R.C.M. 401(c). Discussion
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is a member shall be reasonably ava
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vening authority may include proper
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withdrawn charges or specifications
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information which is under the cont
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gated the disadvantage caused by th
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forward it to the authority who ord
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shall grant a continuance or other
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attendance of civilian witnesses ma
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ney General of the United States or
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period of suspension of the sentenc
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Discussion Based on the report, fur
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CHAPTER VIII. TRIAL PROCEDURE GENER
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making the motion or raising the ob
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ight to be present. See also R.C.M.
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An assistant counsel who lacks the
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Rule 807. Oaths (a) Definition. “
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t h e m i l i t a r y j u d g e s h
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Rule 811. Stipulations (a) In gener
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CHAPTER IX. TRIAL PROCEDURES THROUG
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(1) “Proceeding” includes pretr
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Rule 905. Motions generally (a) Def
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determination and the grounds for i
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trial be tried separately. Such a r
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out trial of a deserter by a genera
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against them or to conduct or coope
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vening authority, or trial counsel,
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vening authority in the case, or ha
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cise a peremptory challenge before
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(5) Reopening case. The military ju
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good character, see Mil. R. Evid. 4
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Discussion The defense of accident
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(l) Not defenses generally. (1) Ign
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erly before the court-martial on th
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equested by a party or which the mi
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not for the purpose of rendering a
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“conviction” includes any dispo
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section (c)(3) of this rule, they m
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Discussion A fine is in the nature
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and desertion (see paragraph 9, Par
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( 4 ) N e c e s s a r y f i n d i n
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cused knowingly created a grave ris
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(d) Voting. (1) Duty of members. Ea
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(B) With a view to decreasing. Memb
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eported in the convening authority
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u n l e s s t h e s e n t e n c e p
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o n d e f e n s e c o u n s e l i n
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Appeals. Before review, if any, by
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the court-martial or in writing, th
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the period in which comments may be
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Discussion The method of service an
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mental capacity of the accused, the
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e o r d e r e d i f , i n t h e s a
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was disapproved or set aside. The c
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ence of the probationer or to preve
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one year, shall follow that set for
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ted, a waiver or withdrawal in comp
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Discussion A dismissal may not be o
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digency, unless the authority consi
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CHAPTER XII. APPEALS AND REVIEW Rul
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to request that the detailed appell
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T h e a c c u s e d m a y p e t i t
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shall take action under subsection
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e submitted by the accused personal
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CHAPTER XIII. SUMMARY COURTS-MARTIA
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substantial irregularity in the cha
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Discussion See Appendix 15 for a sa
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Rule 101. Scope ( a ) A p p l i c a
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Rule 301. Privilege concerning comp
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evidence would have been obtained e
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agent of a military unit or of a pe
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(3) Evidence that was obtained as a
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Rule 312. Body views and intrusions
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the time of the search. Under norma
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( e ) P o w e r t o s e a r c h . A
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(2) takes place outside the United
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tendency to make the existence of a
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(1) Evidence offered to prove that
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(2) contact between the mouth and t
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Rule 504. Husband-wife privilege (a
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judge to have access to the classif
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any order that the interests of jus
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(A) Finding of identifiable damage.
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sonable period of time disclosure i
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of evidence of a patient’s record
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inadmissible except that a convicti
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Rule 702. Testimony by experts If s
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with the provisions of paragraph (6
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ing in the death of the alleged vic
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and actually recorded or filed in a
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i n g s e x c e p t t h o s e i n w
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1.b.(2)(b)(ii) as a party, where th
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3.b.(2) robbery, but guilty of wron
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5.c.(3) agreement must, at least in
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6.f.(1) or committed, add the follo
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9.a.(a)(3) (3) without being regula
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9.c.(2)(c) ous duty or important se
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10.c.(4)(d) or duty section with th
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11.c. c. Explanation. (1) Movement.
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13.c.(1)(b) prevented. The victim i
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14.c.(2)(b) must be directed specif
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15.b.(3)(f) or was disrespectful to
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16.c.(1)(b) tains its character as
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17.c.(2) even though the duties are
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18.f.(3) with intent to cause the (
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19.c.(5)(c) without force or artifi
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20.e.(3) Dishonorable discharge, fo
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23.b.(2)(c) (c) That this act occur
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23.d.(6)(b) (b) Article 80—attemp
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24.f.(1) of , (to give up to the en
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27.b.(3)(a) otherwise dealt in or d
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28.c.(5)(a) i n f o r m a t i o n v
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30.a. commission and on conviction
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30a.c. c. Explanation. (1) Intent.
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32.c.(2) cludes: deliberate violati
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33.c.(2) this section, the destruct
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34.f.(3) w e e n a n d h o u r s on
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35.e.(1) discharge, forfeiture of a
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37.c.(2) the accused did not know t
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37.f.(3) aircraft, vehicle, or inst
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39.f.(1) (with ), using as weapons
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41.f.(1) w i t h ( a n d ) ( a n d
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43.c.(3)(b) members of the body, se
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44.e. e. Maximum punishment. ( 1 )
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44a.d.(2)(a) (a) Article 119a — k
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45.a.(o)(1) had not attained the ag
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45.a.(t)(12)(B) (B) that other pers
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45.b.(3)(c) ble of appraising the a
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45.b.(8)(c) stantially incapacitate
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45.e.(2)(a) - (f) (2)(a) - (f) Rape
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45.g.(2)(c) 16 years, by causing gr
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45.g.(7)(b)(i) wit: against (him)(h
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45.g.(14) indecent manner (his) (he
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46.c.(1)(c)(ii) ( i i ) O w n e r .
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46.c.(1)(h)(i) the general or speci
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47.c.(3) (3) Fear. For a robbery to
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48.f.(1) (1) Forgery—making or al
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49.c.(13) ( 1 3 ) U p o n i t s p r
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50.f. data, if required) on or abou
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52.f.(1)(b) T h e a t e r ) ( , t h
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54.c.(1)(b)(ii) r e a s o n a b l e
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54.c.(4)(b)(ii) as when the victim
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55.b.(1) ( 1 ) T h a t t h e a c c
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57.b.(1)(c) (c) That the oath or af
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58.b.(3) ( 3 ) M a k i n g o r u s
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58.f.(1) ( f a l s e a n d f r a u
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60.a. be guilty, shall be taken cog
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61. 61. Article 134—(Abusing publ
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64.c.(6) intent to commit sodomy. A
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67.b.(2) the intent to defraud a ce
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68a.f.(2) culpable negligence) (whi
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72.b.(5) discipline in the armed fo
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76.f. w a s , ( a t / o n b o a r d
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79.c.(1) ing under a lawful oath or
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83.c.(1) tion of the custom of the
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89.b.(3) discipline in the armed fo
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Page 429 and 430: PART V NONJUDICIAL PUNISHMENT PROCE
Page 431 and 432: authority is considering the imposi
Page 433 and 434: (ii) correctional custody for not m
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Page 440 and 441: Art. 1, § 5 APPENDIX 1 Section 6.
Page 442 and 443: Art. 2, § 3 APPENDIX 1 them, with
Page 444 and 445: Amdt. XII APPENDIX 1 number of Elec
Page 446 and 447: Amdt. XXV, § 1 APPENDIX 1 shall ta
Page 448 and 449: § 802. Art. 2.(a)(4) APPENDIX 2 (4
Page 450 and 451: § 809. Art. 9.(b) APPENDIX 2 o f h
Page 452 and 453: SUBCHAPTER IV. APPENDIX 2 Sec. Art.
Page 454 and 455: § 825. Art. 25.(b)(2) APPENDIX 2 (
Page 456 and 457: § 832. Art. 32.(b) APPENDIX 2 prov
Page 458 and 459: § 839. Art. 39.(a) APPENDIX 2 this
Page 460 and 461: § 847. Art. 47. APPENDIX 2 § 847.
Page 462 and 463: § 854. Art. 54.(a) APPENDIX 2 the
Page 466 and 467: § 864. Art. 64.(b)(2) APPENDIX 2 (
Page 468 and 469: § 869. Art. 69.(e) APPENDIX 2 (e)
Page 470 and 471: § 876b. Art. 76b.(a)(4)(C) APPENDI
Page 472 and 473: § 886. Art. 86.(1) APPENDIX 2 ( 1
Page 474 and 475: § 906a. Art. 106a.(a)(1) APPENDIX
Page 476 and 477: § 919a. Art. 119a. APPENDIX 2 § 9
Page 478 and 479: § 920. Art. 120.(t)(4)(C) APPENDIX
Page 480 and 481: § 924. Art. 124.(2) APPENDIX 2 (2)
Page 482 and 483: § 938. Art. 138. APPENDIX 2 court-
Page 484 and 485: § 943. Art. 143.(b) APPENDIX 2 (b)
Page 487 and 488: Department of Defense DIRECTIVE APP
Page 489 and 490: MEMORANDUM OF UNDERSTANDING BETWEEN
Page 491 and 492: MEMORANDUM OF UNDERSTANDING BETWEEN
Page 493: MEMORANDUM OF UNDERSTANDING BETWEEN
Page 496 and 497: Department of Justice determines th
Page 498 and 499: A4-2 APPENDIX 4
Page 502 and 503: [ N o t e 8 . M e m b e r s m a y b
Page 506 and 507: App. 8 APPENDIX 8 [Note 10. See R.C
Page 508 and 509: App. 8 APPENDIX 8 Election to be tr
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App. 8 APPENDIX 8 AC: . MJ: Has any
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App. 8 APPENDIX 8 Assembly/prelimin
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App. 8 APPENDIX 8 Oath of witness [
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App. 8 APPENDIX 8 Out of court hear
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App. 8 APPENDIX 8 MJ: Which of thes
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App. 8 APPENDIX 8 GCM subject to re
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App. 8 APPENDIX 8 A8-22 MJ: The cou
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App. 9 APPENDIX 9 ACC: . Right to o
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App. 9 APPENDIX 9 SCM: Do you under
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App. 9 APPENDIX 9 SCM: By your plea
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App. 9 APPENDIX 9 Acceptance of gui
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App. 9 APPENDIX 9 Procedure if tota
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App. 9 APPENDIX 9 Entry on charge s
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a. Announcement of sentence APPENDI
Page 543 and 544:
APPENDIX 12 MAXIMUM PUNISHMENT CHAR
Page 545 and 546:
App. 12, Art. 120 This chart was co
Page 547 and 548:
Page 549:
Page 552 and 553:
App. 13 APPENDIX 13 Receipt for rec
Page 554 and 555:
App. 13 APPENDIX 13 Prior participa
Page 556 and 557:
App. 13 APPENDIX 13 Note. If there
Page 558 and 559:
App. 13 APPENDIX 13 I don’t know
Page 560 and 561:
App. 13 APPENDIX 13 Instructions Th
Page 563 and 564:
APPENDIX 14 GUIDE FOR PREPARATION O
Page 565 and 566:
of the exhibit, as appropriate, as
Page 567 and 568:
SSEs, Reporter’s Notes and Gestur
Page 569 and 570:
Bench conferences and Article 39(a)
Page 571:
GUIDE FOR PREPARATION OF RECORD OF
Page 574 and 575:
A15-2 APPENDIX 15
Page 576 and 577:
App. 16 APPENDIX 16 Deferment of co
Page 578 and 579:
App. 16 APPENDIX 16 certain rights,
Page 580 and 581:
App. 16 APPENDIX 16 thority who may
Page 582 and 583:
App. 17 APPENDIX 17 Specification:
Page 584 and 585:
App. 17 APPENDIX 17 Remissions; sus
Page 587 and 588:
APPENDIX 18 Report of Proceedings t
Page 589 and 590:
APPENDIX 18 A18-3
Page 591 and 592:
APPENDIX 19 Waiver/Withdrawal of Ap
Page 593 and 594:
APPENDIX 20 Waiver/Withdrawal of Ap
Page 595 and 596:
APPENDIX 21 ANALYSIS OF RULES FOR C
Page 597 and 598:
this analysis was drafted, the spec
Page 599 and 600:
previous Manuals. It is defined to
Page 601 and 602:
straint may be necessary to ensure
Page 603 and 604:
The Schooner Exchange v. McFaddon a
Page 605 and 606:
220 (C.M.A. 1979); United States v.
Page 607 and 608:
4 1 C . M . R . 2 9 ( 1 9 6 9 ) . S
Page 609 and 610:
inconsistent with Fed.R. Crim. P. 4
Page 611 and 612:
and to act. See Article 9(e). See a
Page 613 and 614:
e m a i n i n g p r e t r i a l c o
Page 615 and 616:
after trial. It is the responsibili
Page 617 and 618:
( i ) P r i n c i p a l s — p a r
Page 619 and 620:
third paragraph of paragraph 34 d o
Page 621 and 622:
Rule 406 Pretrial advice ( a ) I n
Page 623 and 624:
convening authority to avoid appoin
Page 625 and 626:
Function section 3-3.9(a) (1979). C
Page 627 and 628:
Providing broad discovery at an ear
Page 629 and 630:
(f); paragraph 117 b(11) of MCM, 19
Page 631 and 632:
u n d e r c o n t r a c t t o t h e
Page 633 and 634:
(1964). See also United States v. S
Page 635 and 636:
M.J. 354 (C.M.A. 1983), the Court s
Page 637 and 638:
lish the outlines of their responsi
Page 639 and 640:
make rulings at a 43(c)(2) conferen
Page 641 and 642:
emains. Trial may not proceed with
Page 643 and 644:
language of Article 48 applies only
Page 645 and 646:
document is true. In this sense, a
Page 647 and 648:
and 25, and United States v. Jeanba
Page 649 and 650:
estrict the power of the convening
Page 651 and 652:
to a court-martial. Cf. Lee v. Unit
Page 653 and 654:
(a) In general. Subsection (1) is b
Page 655 and 656:
v. Greene, 20 U.S.C.M.A. 232, 43 C.
Page 657 and 658:
stituted for “in their possession
Page 659 and 660:
least 16 years of age. The changes
Page 661 and 662:
Cotten, 10 M.J. 260 (C.M.A. 1981);
Page 663 and 664:
for in R.C.M. 918(a). But see Carro
Page 665 and 666:
much information as the military ju
Page 667 and 668:
e s t r i c t i o n , h a r d l a b
Page 669 and 670:
the first of two “thresholds” b
Page 671 and 672:
accused intended to affect national
Page 673 and 674:
erence to the percentage of agreeme
Page 675 and 676:
subsection implements Article 58b,
Page 677 and 678:
the record. In subsection (A), the
Page 679 and 680:
the defense may submit matters in i
Page 681 and 682:
of showing lack of mental capacity
Page 683 and 684:
President, remission or suspension
Page 685 and 686:
the first paragraph of paragraph 98
Page 687 and 688:
Rule 1202 Appellate counsel (a) In
Page 689 and 690:
guilty, see Article 44; R.C.M. 905(
Page 691:
(b) Contents. This subsection is ba
Page 694 and 695:
App. 22, M.R.E. 101(a) APPENDIX 22
Page 696 and 697:
App. 22, M.R.E. 105 APPENDIX 22 sta
Page 698 and 699:
App. 22, M.R.E. 301(b)(1) APPENDIX
Page 700 and 701:
App. 22, M.R.E. 302 APPENDIX 22 the
Page 702 and 703:
Page 704 and 705:
App. 22, M.R.E. 304(d)(3) APPENDIX
Page 706 and 707:
App. 22, M.R.E. 304(h)(3) APPENDIX
Page 708 and 709:
App. 22, M.R.E. 305(e) APPENDIX 22
Page 710 and 711:
App. 22, M.R.E. 311(b) APPENDIX 22
Page 712 and 713:
App. 22, M.R.E. 312(c) APPENDIX 22
Page 714 and 715:
Page 716 and 717:
Page 718 and 719:
App. 22, M.R.E. 314(c) APPENDIX 22
Page 720 and 721:
Page 722 and 723:
App. 22, M.R.E. 315(h) APPENDIX 22
Page 724 and 725:
Page 726 and 727:
Page 728 and 729:
App. 22, M.R.E. 412 APPENDIX 22 whi
Page 730 and 731:
App. 22, M.R.E. 501 APPENDIX 22 app
Page 732 and 733:
Page 734 and 735:
App. 22, M.R.E. 506 APPENDIX 22 Rul
Page 736 and 737:
App. 22, M.R.E. 509 APPENDIX 22 Rul
Page 738 and 739:
Page 740 and 741:
App. 22, M.R.E. 610 APPENDIX 22 ble
Page 742 and 743:
App. 22, M.R.E. 701 APPENDIX 22 chi
Page 744 and 745:
App. 22, M.R.E. 801(d)(1) APPENDIX
Page 746 and 747:
App. 22, M.R.E. 803(4) APPENDIX 22
Page 748 and 749:
App. 22, M.R.E. 803(19-20) APPENDIX
Page 750 and 751:
Page 752 and 753:
App. 22, M.R.E. 1001(4) APPENDIX 22
Page 754 and 755:
App. 22, M.R.E. 1102 APPENDIX 22 ne
Page 756 and 757:
Pun. Art. 78 APPENDIX 23 on Article
Page 758 and 759:
Pun. Art. 86 APPENDIX 23 (6) Inabil
Page 760 and 761:
Pun. Art. 92 APPENDIX 23 e. Maximum
Page 762 and 763:
Pun. Art. 95 APPENDIX 23 forces may
Page 764 and 765:
Pun. Art. 108 APPENDIX 23 mum punis
Page 766 and 767:
Pun. Art. 112 APPENDIX 23 wide Surv
Page 768 and 769:
Pun. Art. 119 APPENDIX 23 slaughter
Page 770 and 771:
Pun. Art. 122 APPENDIX 23 d. Lesser
Page 772 and 773:
Pun. Art. 131 APPENDIX 23 1746 of t
Page 774 and 775:
Pun. Art. 134 APPENDIX 23 United St
Page 776 and 777:
Pun. Art. 134 APPENDIX 23 88. Artic
Page 778 and 779:
Pun. Art. 134 APPENDIX 23 6c, no. 1
Page 781 and 782:
APPENDIX 24 ANALYSIS OF NONJUDICIAL
Page 783 and 784:
EXECUTIVE ORDER 12473 AS AMENDED BY
Page 785 and 786:
THE WHITE HOUSE February 19, 1986 H
Page 787 and 788:
investigation, referral of charges,
Page 789 and 790:
EXECUTIVE ORDER NO. 12767 AMENDMENT
Page 791 and 792:
EXECUTIVE ORDER 12888 AMENDMENTS TO
Page 793 and 794:
this rule to have military counsel
Page 795 and 796:
c r i m e t r i e d b y c o u r t -
Page 797 and 798:
THE WHITE HOUSE December 23, 1993.
Page 799 and 800:
fenses may not serve as the princip
Page 801 and 802:
cials have a reasonable suspicion b
Page 803 and 804:
EXECUTIVE ORDER 12960 AMENDMENTS TO
Page 805 and 806:
postpone service of a sentence to c
Page 807 and 808:
subsection (i)(3) reasonably could
Page 809 and 810:
speed or erratic operation, but all
Page 811 and 812:
which may properly or normally be e
Page 813 and 814:
such as witness statements, investi
Page 815 and 816:
However, the United States may not
Page 817 and 818:
immediate need for the accused; the
Page 819 and 820:
u. R.C.M. 1107(d)(3)(A) is amended
Page 821 and 822:
have the authority to vacate any pu
Page 823 and 824:
considered for its bearing on any m
Page 825 and 826:
self from custody before being rele
Page 827 and 828:
ta), having been placed in (post-tr
Page 829 and 830:
EXECUTIVE ORDER 13140 1999 AMENDMEN
Page 831 and 832:
(4) when a psychotherapist or assis
Page 833 and 834:
Martial 502, 804, and 914A shall on
Page 835 and 836:
HISTORICAL EXECUTIVE ORDERS A25-53
Page 837 and 838:
Page 839 and 840:
Page 841 and 842:
Page 843 and 844:
Page 845 and 846:
Page 847 and 848:
Page 849 and 850:
Page 851 and 852:
Page 853 and 854:
Page 855 and 856:
Executive Order 13365 of December 3
Page 857 and 858:
trait of character offered by an ac
Page 859 and 860:
the effective date of this order th
Page 861 and 862:
e conducted unless at least three m
Page 863 and 864:
“In that (personal jurisdiction d
Page 865 and 866:
lowing after the second sentence:
Page 867 and 868:
emote means. At a minimum, all part
Page 869 and 870:
property (known to be occupied by)
Page 871 and 872:
d i c t i o n d a t a , i f r e q u
Page 873 and 874:
ANNEX Section 1. Part II of the Man
Page 875 and 876:
a person other than the accused was
Page 877 and 878:
person subject to this chapter who
Page 879 and 880:
(ii) a threat — (I) to accuse any
Page 881 and 882:
(i) That the accused engaged in a s
Page 883 and 884:
with or by a child or by another pe
Page 885 and 886:
(8) Abusive sexual contact. (a) Art
Page 887 and 888:
d r u g , i n t o x i c a n t , o r
Page 889 and 890:
( b ) A g g r a v a t e d s e x u a
Page 891 and 892:
(his)(her)( ) knowledge or permissi
Page 893 and 894:
( n ) P a r a g r a p h 5 4 , A r t
Page 895 and 896:
In that (personal jurisdiction data
Page 897 and 898:
APPENDIX 26 THE JOINT SERVICE COMMI
Page 899 and 900:
THE JOINT SERVICE COMMITTEE ON MILI
Page 901 and 902:
Page 903 and 904:
Page 905:
Page 908 and 909:
ceased to resist only because of a
Page 910 and 911:
wrongfully expose in an indecent ma
Page 912 and 913:
MCM, 2008 INDEX Subject Ref. Page A
Page 914 and 915:
MCM, 2008 INDEX Subject Ref. Page S
Page 916 and 917:
Page 918 and 919:
MCM, 2008 INDEX Subject Ref. Page T
Page 920 and 921:
MCM, 2008 INDEX Subject Ref. Page C
Page 922 and 923:
MCM, 2008 INDEX Subject Ref. Page R
Page 924 and 925:
MCM, 2008 INDEX Subject Court-marti
Page 926 and 927:
MCM, 2008 INDEX Subject Ref. Page D
Page 928 and 929:
Page 930 and 931:
Page 932 and 933:
MCM, 2008 INDEX Subject Ref. Page O
Page 934 and 935:
Page 936 and 937:
MCM, 2008 INDEX Subject Ref. Page W
Page 938 and 939:
MCM, 2008 INDEX Subject Ref. Page P
Page 940 and 941:
Page 942 and 943:
MCM, 2008 INDEX Subject Ref. Page H
Page 944 and 945:
MCM, 2008 INDEX Subject Ref. Page j
Page 946 and 947:
Page 948 and 949:
MCM, 2008 INDEX Subject Ref. Page M
Page 950 and 951:
Page 952 and 953:
Page 954 and 955:
MCM, 2008 INDEX Subject Ref. Page M
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Page 958 and 959:
Page 960 and 961:
MCM, 2008 INDEX Subject Jurisdictio
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MCM, 2008 INDEX Subject Ref. Page G
Page 964 and 965:
Page 966 and 967:
MCM, 2008 INDEX Subject Ref. Page I
Page 968 and 969:
MCM, 2008 INDEX Subject Ref. Page U
Page 970 and 971:
MCM, 2008 INDEX Subject Ref. Page W
Page 972 and 973:
Page 974 and 975:
MCM, 2008 INDEX Subject Ref. Page O
Page 976 and 977:
Page 978 and 979:
Part I Preamble Part II Rules for C
Page 980:
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