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

GUIDE FOR GENERAL AND SPECIAL COURTS-MARTIAL
[Note 51. If the members have not yet been informed of the plea(s), this should now be done.]
MJ: Members of the court-martial, at an earlier session the accused was arraigned
and entered the following pleas: .
[Note 52. In a special court-martial without a military judge, the accused should now be arraigned. See
Notes 22–39.]
[Note 53. If the military judge entered findings based on pleas of guilty and no offenses remain to be
contested, the military judge should give the following instruction and proceed to SECTION IV, below.]
MJ: I accepted the accused’s pleas of guilty and entered findings of guilty
as to (the) (all) Charge(s) ( ) and Specification(s)
( ) and ). Therefore, we will now proceed to determine
a sentence in the case.
[Note 54. If the accused pleaded guilty to some offenses, but others remain to be contested, and the
members have been informed of the offenses to which the accused pleaded guilty, the military judge
should instruct as follows.]
MJ: Members, you will not be required to reach findings regarding Charge
( ) and Specification(s) ( ) (and )
(and ). Findings will be required, however, as to Charge
( ) and Specification(s) ( ) (and )
(and ), to which the accused has pleaded not guilty.
You may not consider the fact that the accused pleaded guilty to (one)
(some) offense(s) in any way in deciding whether the accused is guilty
of the offense(s) to which (he) (she) has pleaded not guilty.
[Note 55. If the accused has pleaded guilty to a lesser included offense and the prosecution intends to
prove the greater offense, the military judge should instruct as follows.]
MJ: The accused’s plea of guilty to the lesser included offense
of admits some of the elements of the offense
charged in (the) Specification ( ) of (the) Charge
( ). These elements are, therefore, established by the
accused’s plea without need of further proof. However, the accused’s
plea of guilty to this lesser included offense provides no basis for a
finding of guilty as charged, because there still remains in issue the elements
of . No inference of guilt of such remaining
elements may be drawn from the accused’s plea. Before the accused
may be found guilty of the offense charged, the prosecution must prove
the remaining element(s) beyond a reasonable doubt.
[Note 56. The military judge may give such additional preliminary instructions as may be appropriate
at this point.]
[Note 57. See R.C.M. 913.]
SECTION III. TRIAL
MJ: Will the prosecution make an opening statement?
TC: (No) (Yes. .)
App. 8
A8-13