2008 edition - Fort Sam Houston - U.S. Army
2008 edition - Fort Sam Houston - U.S. Army 2008 edition - Fort Sam Houston - U.S. Army
App. 8 APPENDIX 8 Election to be tried by military judge alone [Note 18. See R.C.M. 903(a) concerning whether the accused may defer a decision on composition of court-martial.] [Note 19. If the accused chooses trial by court-martial composed of members proceed to arraignment below. Any request for enlisted members will be marked as an Appellate Exhibit and inserted in the record of trial. See R.C.M. 1103(b)(2)(D)(iii). In a special court-martial without a military judge, the members should be sworn, and the challenge procedure conducted at this point. See Notes 38–17 below.] [Note 20. A request for trial by military judge alone must be written and signed by the accused and should identify the military judge by name or it may be made orally on the record. A written request will he marked as an Appellate Exhibit and inserted in the record of trial. See R.C.M. 1103(b)(2)(D)(iii).] MJ: (I have Appellate Exhibit , a request for trial before me alone.) (I am (Colonel) (Captain) ( ) .) . Have you discussed this request and the rights I just described with your counsel? ACC: . MJ: If I approve your request for trial by me alone you give up your right to trial by a court-martial composed of members (including, if you requested, enlisted members). Do you wish to request trial before me alone? ACC: . Arraignment [Note 22. See R.C.M. 904.] A8-4 MJ: (Your request is approved. The court-martial is assembled.) (Your request is disapproved because .) [Note 21. See R.C.M. 903(c)(2)(B) concerning approval or disapproval. See R.C.M. 911 concerning assembly of the court-martial.] MJ: The accused will now be arraigned. TC: All parties and the military judge have been furnished a copy of the charges and specifications. Does the accused want them read? DC: The accused (waives reading of the charges) (wants the charges read). MJ: (The reading may be omitted.) TC: ( .) TC: The charges are signed by , a person subject to the code, as accuser; are properly sworn to before a commissioned officer of the armed forces authorized to administer oaths, and are properly referred to this court-martial for trial by , the convening authority. MJ: , how do you plead? Before receiving your pleas, I advise you that any motions to dismiss any charge or to grant other relief should be made at this time. [Note 23. See R.C.M. 801(e), 905–907 concerning motions. See R.C.M. 908 if the Government elects to appeal a ruling adverse to it.]
GUIDE FOR GENERAL AND SPECIAL COURTS-MARTIAL DC: The defense has (no) (the following) motion(s). ( .) [Note 24. After any motions are disposed of pleas are ordinarily entered. See R.C.M. 910.] DC: pleads . [Note 25. If the accused enters any pleas of guilty proceed with the remainder of section I. If no pleas of guilty are entered, proceed to section II if trial is before members, or section III if trial is before military judge alone.] [Note 26. If trial is before members in a contested case, the military judge should examine the copy of the charge(s) to be provided the members, discuss any preliminary instructions with the parties, and determine whether other matters should be addressed before the Article 39(a) session is ended.] Guilty plea inquiry [Note 27. See R.C.M. 910(c), (d), (e), and (f). If a conditional guilty plea is entered, see R.C.M. 9l0(a)(2).] Introduction MJ: , your plea of guilty will not be accepted unless you understand its meaning and effect. I am going to discuss your plea of guilty with you now. If you have any questions, please say so. Do you understand? ACC: . MJ: A plea of guilty is the strongest form of proof known to the law. On your plea alone, without receiving any evidence, this court-martial could find you guilty of the offense(s) to which you are pleading guilty. Your plea will not be accepted unless you understand that by pleading guilty you admit every element of each offense and you are pleading guilty because you really are guilty. If you do not believe that you are guilty, you should not plead guilty for any reason. You have the right to plead not guilty and place the burden upon the prosecution to prove your guilt. Do you understand that? ACC: . Waiver of rights MJ: By your plea of guilty you waive, or in other words, you give up certain important rights. (You give up these rights only as to the offense(s) to which you have pleaded guilty. You keep them as to the offense(s) to which you have pleaded not guilty). The rights you give up are: First, the right against self-incrimination, that is the right to say nothing at all about (this) (these) offense(s). Second, the right to a trial of the facts by the court-martial, that is, the right to have this court-martial decide whether or not you are guilty based on evidence presented by the prosecution and, if you chose to do so, by the defense. Third, the right to be confronted by the witnesses against you, that is to see and hear the witnesses against you here in the court-martial and to have them cross-examined, and to call witnesses in your behalf. Do you understand these rights? ACC: . App. 8 MJ: If you plead guilty, there will not be a trial of any kind as to the offense(s) to which you are pleading guilty, so by pleading guilty you give up the rights I have just described. Do you understand that? A8-5
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App. 8 APPENDIX 8<br />
Election to be tried by military<br />
judge alone<br />
[Note 18. See R.C.M. 903(a) concerning whether the accused may defer a decision on composition of<br />
court-martial.]<br />
[Note 19. If the accused chooses trial by court-martial composed of members proceed to arraignment<br />
below. Any request for enlisted members will be marked as an Appellate Exhibit and inserted in the<br />
record of trial. See R.C.M. 1103(b)(2)(D)(iii). In a special court-martial without a military judge, the<br />
members should be sworn, and the challenge procedure conducted at this point. See Notes 38–17 below.]<br />
[Note 20. A request for trial by military judge alone must be written and signed by the accused and<br />
should identify the military judge by name or it may be made orally on the record. A written request<br />
will he marked as an Appellate Exhibit and inserted in the record of trial. See R.C.M.<br />
1103(b)(2)(D)(iii).]<br />
MJ: (I have Appellate Exhibit , a request for trial before me<br />
alone.) (I am (Colonel) (Captain) ( )<br />
.) . Have you discussed this request and the<br />
rights I just described with your counsel?<br />
ACC: .<br />
MJ: If I approve your request for trial by me alone you give up your right<br />
to trial by a court-martial composed of members (including, if you requested,<br />
enlisted members). Do you wish to request trial before me<br />
alone?<br />
ACC: .<br />
Arraignment [Note 22. See R.C.M. 904.]<br />
A8-4<br />
MJ: (Your request is approved. The court-martial is assembled.) (Your request<br />
is disapproved because .)<br />
[Note 21. See R.C.M. 903(c)(2)(B) concerning approval or disapproval. See R.C.M. 911 concerning assembly<br />
of the court-martial.]<br />
MJ: The accused will now be arraigned.<br />
TC: All parties and the military judge have been furnished a copy of the<br />
charges and specifications. Does the accused want them read?<br />
DC: The accused (waives reading of the charges) (wants the charges read).<br />
MJ: (The reading may be omitted.)<br />
TC: ( .)<br />
TC: The charges are signed by , a person subject to the code, as<br />
accuser; are properly sworn to before a commissioned officer of the<br />
armed forces authorized to administer oaths, and are properly referred<br />
to this court-martial for trial by , the convening authority.<br />
MJ: , how do you plead? Before receiving your pleas, I advise<br />
you that any motions to dismiss any charge or to grant other relief<br />
should be made at this time.<br />
[Note 23. See R.C.M. 801(e), 905–907 concerning motions. See R.C.M. 908 if the Government elects<br />
to appeal a ruling adverse to it.]
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