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

App. 8 APPENDIX 8
MJ: Which of these rights do you want to exercise?
ACC: .
[Note 89. The defense may present matters in rebuttal and extenuation and mitigation. See R.C.M.
1001(c).]
DC: The defense has nothing further.
Rebuttal [Note 90. The parties may present additional matters in rebuttal, as appropriate.
See R.C.M. 1001(a)(l)(C).]
Out of court hearing on
sentencing instructions
Closing arguments [Note 93. See R.C.M. 1001(g).]
[Note 91. If trial is by military judge alone, counsel should be permitted to make arguments on sentencing.
After arguments proceed to announcement of the sentence.]
[Note 92. Ordinarily the military judge will conduct an Article 39(a) session to discuss sentencing instructions
and examine the sentence worksheet. See R.C.M. 1005. If such instructions are discussed at
a conference, see R.C.M. 802.]
TC: .
DC: .
Instructions [Note 94. See R.C.M. 1005.]
MJ: .
MJ: Does any member have any questions concerning these instructions?
MEM-
BERS:
.
MJ: Do counsel have any objections concerning these instructions not
previously raised?
TC: .
DC: .
[Note 95. See R.C.M. 1005(f).]
[Note 96. 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.
After sentence reached MJ: The court-martial will come to order.
A8-18
TC: All parties and members and the military judge are present.
MJ: (To president) , have the members reached a sentence?
PRES: .
MJ: Is the sentence on Appellate Exhibit ?
PRES: Yes.