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 Out of court hearing on findings instructions WIT: I am. Closing arguments [Note 78. See R.C.M. 919.] TC: You are reminded that you are still under oath. [Note 76. If trial is by military judge alone, counsel should be permitted to make closing arguments. See R.C.M. 919. After arguments, proceed to announcement of findings.] [Note 77. Ordinarily the military judge will conducts Article 39(a) session to discuss findings instructions and examine the findings worksheet. See R.C.M. 920,921(d). If such instructions are discussed at a conference, see R.C.M. 802.] TC: . DC: . TC: . Instructions [Note 79. See R.C.M. 920.] MJ: . MJ: Does any member have any questions concerning these instructions? MEM- BERS: MJ: Do counsel have any objections to these instructions not previously raised? TC: . DC: . [Note 80. See R.C.M. 920(f).] [Note 81. Any exhibits which the members are to consider should be given to the president before the court-martial closes.] Closing MJ: The court-martial is closed. [Note 82. While the members are deliberating, the military judge may take up certain matters which may arise if the accused is found guilty of any offense. The admissibility of evidence during sentencing proceedings and advice to the accused about allocution rights may be considered at an Article 39(a) session at this point. See R.C.M. 1001. See Note 88 below concerning allocution advice.] After findings reached MJ: The court-martial will come to order. A8-16 TC: All parties and members and the military judge are present. MJ: (To president) have the members reached findings? PRES: MJ: Are the findings on Appellate Exhibit ? PRES: Yes. MJ: Would (the bailiff) (trial counsel), without examining it please bring me Appellate Exhibit ?
MJ: I have examined Appellate Exhibit . It appears to be in proper form. Please return it to the president. [Note 83. See R.C.M. 921(d) concerning a findings worksheet, and the procedure to be followed if any problems are indicated. See R.C.M. 924 if reconsideration of a finding may be necessary.] Announcement of findings MJ: , would you and your counsel stand up please (and approach the president). MJ: , announce the findings please. PRES: , this court-martial finds you . MJ: Please be seated. [Note 84. If the accused is found not guilty of all charges and specifications, the court-martial is ordinarily adjourned at this point.] SECTION IV. PRESENTENCING PROCEDURE [Note 85. If the accused pleaded guilty to some specifications and the members have not yet been informed of these, the members should now be given copies of these specifications and be informed of the accused’s plea to them. See text following Note 51.] Data from charge sheet [Note 86. See R.C.M. 1001(b)(1).] Matters presented by prosecution GUIDE FOR GENERAL AND SPECIAL COURTS-MARTIAL MJ: The court-martial will now hear the data concerning the accused shown on the charge sheet. TC: . MJ: Does the prosecution have other matters to present? [Note 87. The prosecution may present certain matters from the accused’s personnel records, evidence of previous convictions, evidence in aggravation, and evidence of rehabilitative potential. See R.C.M. 1001(b)(2) through (5).] TC: The prosecution has nothing further. Matters presented by defense [Note 88. If the accused has not previously been advised in accordance with R.C.M. 1001(a)(3), such advice should now be given. In trial before members, this advice should be given at an Article 39(a) session.] MJ: , you have the right to present matters in extenuation and mitigation, that is, matters about the offense(s) or yourself which you want the court-martial to consider in deciding a sentence. Included in your right to present evidence are the rights you have to testify under oath, to make an unsworn statement, or to remain silent. If you testify, you may be cross-examined by the trial counsel and questioned by me (and the members). If you decide to make an unsworn statement you may not be cross-examined by trial counsel or questioned by me (or the members). You may make an unsworn statement orally or in writing, personally, or through your counsel, or you may use a combination of these ways. If you decide to exercise your right to remain silent, that cannot be held against you in any way. Do you understand your rights? ACC: . App. 8 A8-17
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MJ: I have examined Appellate Exhibit . It appears to be in<br />
proper form. Please return it to the president.<br />
[Note 83. See R.C.M. 921(d) concerning a findings worksheet, and the procedure to be followed if any<br />
problems are indicated. See R.C.M. 924 if reconsideration of a finding may be necessary.]<br />
Announcement of findings MJ: , would you and your counsel stand up please (and approach<br />
the president).<br />
MJ: , announce the findings please.<br />
PRES: , this court-martial finds you .<br />
MJ: Please be seated.<br />
[Note 84. If the accused is found not guilty of all charges and specifications, the court-martial is ordinarily<br />
adjourned at this point.]<br />
SECTION IV. PRESENTENCING PROCEDURE<br />
[Note 85. If the accused pleaded guilty to some specifications and the members have not yet been informed<br />
of these, the members should now be given copies of these specifications and be informed of<br />
the accused’s plea to them. See text following Note 51.]<br />
Data from charge sheet [Note 86. See R.C.M. 1001(b)(1).]<br />
Matters presented by<br />
prosecution<br />
GUIDE FOR GENERAL AND SPECIAL COURTS-MARTIAL<br />
MJ: The court-martial will now hear the data concerning the accused shown<br />
on the charge sheet.<br />
TC: .<br />
MJ: Does the prosecution have other matters to present?<br />
[Note 87. The prosecution may present certain matters from the accused’s personnel records, evidence<br />
of previous convictions, evidence in aggravation, and evidence of rehabilitative potential. See R.C.M.<br />
1001(b)(2) through (5).]<br />
TC: The prosecution has nothing further.<br />
Matters presented by defense [Note 88. If the accused has not previously been advised in accordance with R.C.M. 1001(a)(3), such<br />
advice should now be given. In trial before members, this advice should be given at an Article 39(a)<br />
session.]<br />
MJ: , you have the right to present matters in extenuation and<br />
mitigation, that is, matters about the offense(s) or yourself which you<br />
want the court-martial to consider in deciding a sentence. Included in<br />
your right to present evidence are the rights you have to testify under<br />
oath, to make an unsworn statement, or to remain silent. If you testify,<br />
you may be cross-examined by the trial counsel and questioned by me<br />
(and the members). If you decide to make an unsworn statement you<br />
may not be cross-examined by trial counsel or questioned by me (or<br />
the members). You may make an unsworn statement orally or in writing,<br />
personally, or through your counsel, or you may use a combination<br />
of these ways. If you decide to exercise your right to remain silent, that<br />
cannot be held against you in any way. Do you understand your rights?<br />
ACC: .<br />
App. 8<br />
A8-17
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