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

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ACC: .<br />

MJ: Who do you want to represent you?<br />

ACC: .<br />

[Note 14. If appropriate, the court-martial should be continued to permit the accused to obtain individual<br />

military or civilian counsel.]<br />

MJ: Counsel for the parties have the necessary qualifications, and have been<br />

sworn (except , who will now be sworn.)<br />

MJ: I have been detailed to this court-martial by .<br />

[Note 15. See R.C.M. 807(b)(2) Discussion (C) concerning the oath to be administered to counsel.]<br />

General nature of charges TC: The general nature of the charge(s) in this case is .<br />

The charge(s) were preferred by , forwarded with recommendations<br />

as to disposition by (, and investigated<br />

by ). ( is also an accuser in this case.)<br />

Challenge of military judge [Note 16. See R.C.M. 902.]<br />

Accused’s elections on composition<br />

of court-martial<br />

GUIDE FOR GENERAL AND SPECIAL COURTS-MARTIAL<br />

TC: Your honor, are you aware of any matter which may be a ground for<br />

challenge against you?<br />

MJ: (I am aware of none.) ( .)<br />

TC: (The Government has no challenge for cause against the military<br />

judge.) ( .)<br />

DC: (The defense has no challenge for cause against the military judge.)<br />

( .)<br />

[Note 17. See R.C.M. 903. See also R.C.M. 501(a) and 503(b).]<br />

MJ: , do you understand that you have the right to be tried by<br />

a court-martial composed of members (including, if you request in<br />

writing, at least one-third enlisted persons) and that, if you are found<br />

guilty of any offense, those members would determine a sentence?<br />

ACC: .<br />

MJ: Do you also understand that you may request in writing or orally here<br />

in the court-martial trial before me alone, and that if I approve such a<br />

request, there will be no members and I alone will decide whether you<br />

are guilty and, if I find you guilty, determine a sentence?<br />

ACC: .<br />

MJ: Have you discussed these choices with your counsel?<br />

ACC: .<br />

MJ: By which type of court-martial do you choose to be tried?<br />

ACC: .<br />

App. 8<br />

A8-3

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