2008 edition - Fort Sam Houston - U.S. Army
2008 edition - Fort Sam Houston - U.S. Army 2008 edition - Fort Sam Houston - U.S. Army
4. United States whether or not included in the definition of “agency” in 5 U.S.C. §551(1)). Failure to comply with matter set forth in the supplementary materials does not, of itself, constitute error, although these materials may refer to requirements in the rules set forth in the Executive Order or established by other legal authorities (for example, binding judicial precedents applicable to courtsmartial) which are based on sources of authority independent of the supplementary materials. The 1995 amendment to paragraph 4 of the Preamble is intended to eliminate the practice of identifying the Manual for Courts-Martial, United States, by a particular year. As long as the Manual was published in its entirety sporadically (e.g., 1917, 1921, 1928, 1949, 1951, 1969 and 1984), with amendments to it published piecemeal, it was logical to identify the Manual by the I-2 calendar year of publication, with periodic amendments identified as “Changes” to the Manual. The more frequent publication of a new edition of the Manual, however, means that it is more appropriately identified by the calendar year of edition. Amendments made in a particular calendar year will be identified by publishing the relevant Executive order containing those amendments in its entirety in a Manual appendix. The amendment to paragraph 4 of the Preamble is intended to address the possibility of more frequent amendments to the Manual and the arrival of the 21st century. In the event that multiple editions of the Manual are published in the same year, the numbering and lettering of the edition should match that of the most recent Executive Order included in the publication.
Rule 101. Scope, title (a) In general. These rules govern the procedures and punishments in all courts-martial and, whenever expressly provided, preliminary, supplementary, and appellate procedures and activities. (b) Title. These rules may be known and cited as the Rules for Courts-Martial (R.C.M.). Rule 102. Purpose and construction (a) Purpose. These rules are intended to provide for the just determination of every proceeding relating to trial by court-martial. (b) Construction. These rules shall be construed to secure simplicity in procedure, fairness in administration, and the elimination of unjustifiable expense and delay. Rule 103. Definitions and rules of construction The following definitions and rules of construction apply throughout this Manual, unless otherwise expressly provided. (1) “Article” refers to articles of the Uniform Code o f M i l i t a r y J u s t i c e u n l e s s t h e c o n t e x t i n d i c a t e s otherwise. (2) “Capital case” means a general court-martial to which a capital offense has been referred with an instruction that the case be treated as capital, and, in the case of a rehearing or new or other trial, for which offense death remains an authorized punishment under R.C.M. 810(d). (3) “Capital offense” means an offense for which death is an authorized punishment under the code and Part IV of this Manual or under the law of war. (4) “Code” refers to the Uniform Code of Military Justice, unless the context indicates otherwise. Discussion The Uniform Code of Military Justice is set forth at Appendix 2. (5) “Commander” means a commissioned officer in command or an officer in charge except in Part V or unless the context indicates otherwise. PART II RULES FOR COURTS–MARTIAL CHAPTER I. GENERAL PROVISIONS (6) “Convening authority” includes a commissioned officer in command for the time being and successors in command. Discussion See R.C.M. 504 concerning who may convene courts-martial. (7) “Copy” means an accurate reproduction, however made. Whenever necessary and feasible, a copy may be made by handwriting. ( 8 ) “ C o u r t - m a r t i a l ” i n c l u d e s , d e p e n d i n g o n t h e context: (A) The military judge and members of a general or special court-martial; (B) The military judge when a session of a general or special court-martial is conducted without members under Article 39(a); (C) The military judge when a request for trial by m i l i t a r y j u d g e a l o n e h a s b e e n a p p r o v e d u n d e r R.C.M. 903; (D) The members of a special court-martial when a military judge has not been detailed; or (E) The summary court-martial officer. (9) “Days.” When a period of time is expressed in a number of days, the period shall be in calendar days, unless otherwise specified. Unless otherwise specified, the date on which the period begins shall not count, but the date on which the period ends shall count as one day. (10) “Detail” means to order a person to perform a specific temporary duty, unless the context indicates otherwise. (11) “Explosive” means gunpowders, powders used for blasting, all forms of high explosives, blasting m a t e r i a l s , f u z e s ( o t h e r t h a n e l e c t r i c a l c i r c u i t breakers), detonators, and other detonating agents, smokeless powders, any explosive bomb, grenade, missile, or similar device, and any incendiary bomb or grenade, fire bomb, or similar device, and any other compound, mixture, or device which is an explosive within the meaning of 18 U.S.C. § 232(5) or 844(j). ( 1 2 ) “ F i r e a r m ” m e a n s a n y w e a p o n w h i c h i s d e - II-1
- Page 1 and 2: MANUAL FOR COURTS-MARTIAL UNITED ST
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- Page 31 and 32: MCM 2008 c. Explanation. . . . . .
- Page 33 and 34: MCM 2008 a. Text of statute. . . .
- Page 35 and 36: MCM 2008 a. Text of statute. . . .
- Page 37 and 38: MCM 2008 f. Sample specification. .
- Page 39 and 40: MCM 2008 d. Lesser included offense
- Page 41 and 42: MCM 2008 d. Lesser included offense
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- Page 45 and 46: MCM 2008 b. Elements. . . . . . . .
- Page 47 and 48: MCM 2008 f. Sample specification. .
- Page 49 and 50: MCM 2008 a. Notice. . . . . . . . .
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- Page 57 and 58: eviewing authority with respect to
- Page 59 and 60: Discussion Complaints need not be m
- Page 61 and 62: Rule 201. Jurisdiction in general (
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- Page 87 and 88: counsel. The investigating officer
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4.<br />
United States whether or not included in the definition of “agency”<br />
in 5 U.S.C. §551(1)). Failure to comply with matter set forth<br />
in the supplementary materials does not, of itself, constitute error,<br />
although these materials may refer to requirements in the rules set<br />
forth in the Executive Order or established by other legal authorities<br />
(for example, binding judicial precedents applicable to courtsmartial)<br />
which are based on sources of authority independent of<br />
the supplementary materials.<br />
The 1995 amendment to paragraph 4 of the Preamble is<br />
intended to eliminate the practice of identifying the Manual for<br />
Courts-Martial, United States, by a particular year. As long as the<br />
Manual was published in its entirety sporadically (e.g., 1917,<br />
1921, 1928, 1949, 1951, 1969 and 1984), with amendments to it<br />
published piecemeal, it was logical to identify the Manual by the<br />
I-2<br />
calendar year of publication, with periodic amendments identified<br />
as “Changes” to the Manual. The more frequent publication of a<br />
new <strong>edition</strong> of the Manual, however, means that it is more appropriately<br />
identified by the calendar year of <strong>edition</strong>. Amendments<br />
made in a particular calendar year will be identified by publishing<br />
the relevant Executive order containing those amendments in its<br />
entirety in a Manual appendix.<br />
The amendment to paragraph 4 of the Preamble is intended<br />
to address the possibility of more frequent amendments to the<br />
Manual and the arrival of the 21st century. In the event that<br />
multiple <strong>edition</strong>s of the Manual are published in the same year,<br />
the numbering and lettering of the <strong>edition</strong> should match that of<br />
the most recent Executive Order included in the publication.