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App. 21, R.C.M. 201(f) APPENDIX 21 cle 18. This subsection is substantially the same as paragraph 14 of MCM, 1969 (Rev.), although it has been reorganized for clarity. Several statements in MCM, 1969 (Rev.) concerning punishm e n t s b y g e n e r a l c o u r t s - m a r t i a l h a v e b e e n p l a c e d i n t h e discussion. As to the second sentence in subsection (1)(A)(i), see also Wickham v. Hall, 12 M.J. 145 (C.M.A. 1983); Wickham v. Hall, 706 F.2d 713 (5th Cir. 1983). The source for subsection (2) is Article 19. Subsection (2) is based on paragraph 15 of MCM, 1969 (Rev.), although it has been reorganized for clarity. Note that under subsection (2)(C)(ii) a general court-martial convening authority may permit a subordinate convening authority to refer a capital offense to a special court-martial. This is a modification of paragraph 15 a(1) of MCM, 1969 (Rev.), which said a general court-martial convening authority could “cause” a capital offense to be referred to a special court-martial without specifying whether the convening a u t h o r i t y h a d t o m a k e t h e r e f e r r a l p e r s o n a l l y . S u b s e c t i o n (2)(C)(iii) permits the Secretary concerned to authorize special court-martial convening authorities to refer capital offense to special courts-martial without first getting authorization from a gene r a l c o u r t - m a r t i a l c o n v e n i n g a u t h o r i t y . S e v e r a l s t a t e m e n t s i n MCM, 1969 (Rev.) have been placed in the discussion. 2002 Amendment: Subsections (f)(2)(B)(i) and (f)(2)(B)(ii) were amended to remove previous limitations and thereby implement the amendment to 10 U.S.C. Sec. 819 (Article 19, UCMJ) contained in section 577 of the National Defense Authorization Act for Fiscal Year 2000, P. L. No. 106-65, 113 Stat. 512 (1999). Subject to limitations prescribed by the President, the amendment i n c r e a s e d t h e j u r i s d i c t i o n a l m a x i m u m p u n i s h m e n t a t s p e c i a l courts-martial to confinement for one year and forfeitures not exceeding two-thirds pay per month for one year, vice the previous six-month jurisdictional limitation. A s t o s u b s e c t i o n ( 3 ) s u m m a r y c o u r t s - m a r t i a l a r e t r e a t e d separately in R.C.M. 1301–1306. (g) Concurrent jurisdiction of other military tribunals. This subsection is based on the last paragraph in paragraph 12 of MCM, 1969 (Rev.). Rule 202 Persons subject to the jurisdiction of courts-martial (a) In general. This subsection incorporates by reference the provisions of the code (see Articles 2,3,4, and 73) which provide jurisdiction over the person. See also Articles 83, 104, 106. The discussion under this subsection briefly described some of the more important requirements for court-martial jurisdiction over persons. Standards governing active duty servicemembers (Article 2(a)(1)) are emphasized, although subsection (4) brings attention to limitations on jurisdiction over civilians established by judicial decisions. Subsection (2)(A) of the discussion dealing with inception of jurisdiction over commissioned officers, cadets, midshipmen, warrant officers, and enlisted persons is divided into three parts. The first part, enlistment, summarizes the area of the law in the wake of the amendment of Article 2 in 1979. Act of November 9, 1979, Pub.L. No. 96–107, § 801(a), 93 Stat. 810–11. In essence, the amendment eliminated recruiter misconduct as a factor of legal significance in matters involving jurisdiction, and reestablished and clarified the “constructive enlistment” doctrine. The statutory enlistment standards concerning capacity under 10 U.S.C. §§ 504 A21-10 and 505 thus become critical, along with the issue of voluntariness. As to whether an enlistment is compelled or voluntary, compare United States v. Catlow, 23 U.S.C.M.A. 142, 48 C.M.R. 758 (1974)with United States v. Wagner, 5 M.J. 461 (C.M.A. 1978) and United States v. Lightfoot, 4 M.J. 262 (C.M.A. 1978). See also United States v. McDonagh, 14 M.J. 415 (C.M.A. 1983). The second paragraph under (i) Enlistment is based on United S t a t e s v . B e a n , 1 3 U . S . C . M . A . 2 0 3 , 3 2 C . M . R . 2 0 3 ( 1 9 6 2 ) ; United States v. Overton, 9 U.S.C.M.A. 684, 26 C.M.R. 464 (1958); and 10 U.S.C. § 1170. The last sentence is based on Article 2(c) which provides that in case of constructive enlistment, jurisdiction continues until “terminated in accordance with law or regulations promulgated by the Secretary concerned.” The last paragraph restates Article 2(c). The last sentence of that paragraph takes account of the legislative history of Article 2(c). See S.Rep. No. 197, 96th Cong., 1st Sess. 122 (1979), which i n d i c a t e s t h a t U n i t e d S t a t e s v . K i n g , 1 1 U . S . C . M . A . 1 9 , 2 8 C.M.R. 243 (1959) is overruled by the statute. This is also reflected in the first paragraph under (ii) Induction. The first paragraph of (ii) Induction is (with the exception of the application of the constructive enlistment doctrine,see the immediately preceding paragraph) based on United States v. Hall, 17 C.M.A. 88, 37 C.M.R. 352 (1967); United States v. Rodriguez, 2 U.S.C.M.A. 101, 6 C.M.R. 101 (1952); United States v. Ornelas, 2 U.S.C.M.A. 96 C.M.R. 96 (1952). See also Billings v. Truesdell, 321 U.S. 542 (1944); Mayborn v. Heflebower, 145 F.2d 864 (5th Cir. 1944), cert. denied, 325 U.S. 854 (1945). The second paragraph under (ii) Induction is based on United S t a t e s v . S c h e u n e m a n n , 1 4 U . S . C . M . A . 4 7 9 , 3 4 C . M . R . 2 5 9 ( 1 9 6 4 ) . S e e a l s o U n i t e d S t a t e s v . W i l s o n , 4 4 C . M . R . 8 9 1 (A.C.M.R. 1971). Although no military case has so held, dicta and Scheunemann supports the second sentence. As to (iii) Call to active duty, see 10 U.S.C. §§ 672, 673 and 673(a), See also United States v. Peel, 4 M.J. 28 (C.M.A. 1977). The second paragraph of this section reflects decisions in United States v. Barraza, 5 M.J. 230 (C.M.A. 1978); United States v. Kilbreth, 22 U.S.C.M.A. 390, 47 C.M.R. 327 (1973). 1986 Amendment: Paragraph (2)(A)(iii) of the Discussion was amended and paragraph (5) was added to reflect amendments to Articles 2 and 3 of the UCMJ contained in the “Military Justice Amendment of 1986,” tit. VIII, § 804, National Defense Authorization Act for fiscal year 1987, Pub.L. No. 99–661, 100 Stat. 3905 (1986), which, among other things, preserves the exercise of jurisdiction over reservists for offenses committee in a duty status, notwithstanding their release from duty status, if they have time remaining on their military obligation. The legislation also provides express statutory authority to order reservists, including members of the National Guard of the United States and the Air National Guard of the United States who commit offenses while serving on duty under Title 10 of the United States Code, to active duty for disciplinary action, including the service of any punishment imposed. The first paragraph under (B)Termination of jurisdiction over active duty personnel restates the basic rule. See United States v. Brown, 12 U.S.C.M.A. 693, 31 C.M.R. 297 (1962); United States v. Scott, 11 U.S.C.M.A. 646, 29 C.M.R. 462 (1960). See also United States v. Griffin, 13 U.S.C.M.A. 213, 32 C.M.R. 213 (1962). Subsection (B)(i) is based on United States v. Wheeley, 6 M.J.
220 (C.M.A. 1979); United States v. Smith, 4 M.J. 265 (C.M.A. 1978); United States v. Hutchins, 4 M.J. 190 (C.M.A. 1978); U n i t e d S t a t e s v . H o u t , 1 9 U . S . C . M . A . 2 9 9 , 4 1 C . M . R . 2 9 9 (1970). See also Dickenson v. Davis, 245 F.2d 317 (10th Cir. 1957). Subsection (B)(ii) describes what jurisdiction remains under Article 3(a) in light of United States ex rel. Toth v. Quarles, 350 U.S. 11 (1955). See also United States v. Clardy, 13 M.J. 308 (C.M.A. 1982). The exceptions is subsection (B)(iii) are restated in slightly different language for clarity from paragraph 11 b of MCM, 1969 (Rev.). Exception ( b) is based on United States v. Clardy, supra. See also 14 M.J. 123 (C.M.A. 1982). As to exception (c), jurisdiction over prisoners in the custody of the armed forces, see Kahn v. Anderson, 255 U.S. 1 (1921); United States v. Nelson, 14 U.S.C.M.A. 93, 33 C.M.R. 305 (1963). See also Mosher v. Hunter, 143 F.2d 745 (10th Cir. 1944), cert. denied, 323 U.S. 800 (1945). Although it has not been judicially interpreted, the sentence of paragraph 11b of MCM, 1969 (Rev.) has been included here. The principle it expressed has long been recognized. See the last sentence in paragraph 11b of MCM, 1951; the last sentence of the third paragraph of paragraph 10 of MCM (<strong>Army</strong>), 1949; and the last sentence of the fourth paragraph of paragraph 10 of MCM, 1928. As to jurisdiction under Article 3(b), see Wickham v. Hall, 12 M.J. 145 (C.M.A. 1981); Wickham v. Hall, 706 F.2d 713 (5th Cir. 1983). Subsection (3) described the jurisdiction under Article 2(a)(8). See also 33 U.S.C. § 855; 42 U.S.C. § 217. Subsection (4) of the discussion points out that jurisdiction over civilians has been restricted by judicial decisions. See generally Reid v. Covert, 354 U.S. 1 (1957); Toth v. Quarles, supra. The MCM 1969 (Rev.) referred to such limitations only in footnotes to Articles 2(a)(10) and (11) and 3(a). The discussion of R.C.M. 202 is a more appropriate place to bring attention to these matters. A brief reference in the discussion was considered sufficient, while the analysis provides primary sources of law in the area, should an issue arise on the subject. The second sentence in the subsection (4) of discussion is based on McElroy v. United States ex rel. Guagliardo, 361 U.S. 281 (1960); Grisham v. Hagan, 361 U.S. 278 (1960); Kinsella v. United States ex rel. Singleton, 361 U.S. 234 (1960); Reid v. Covert, supra. It is not settled whether “peacetime” as used in these decisions means all times other than a period of declared war or whether “peacetime” ceases when armed forces are involved in undeclared wars or hostilities. There is some authority for the latter view. See W. Winthrop, Military Law and Precedents, 101 (2d ed. 1920 reprint). With respect to Article 2(a)(10), the Court of Military Appeals has held that “time of war” means a formally declared war (based on U.S. Const., art. I, sec. 8, cl. 11). United States v. Averette, 19 U.S.C.M.A. 363, 41 C.M.R. 363 (1970). But cf. Latney v. Ignatius, 416 F.2d 821 (D.C. Cir. 1969) (assuming without deciding t h a t A r t i c l e 2 ( a ) ( 1 0 ) c o u l d b e i n v o k e d d u r i n g p e r i o d o f u n - declared war, no court-martial jurisdiction existed over civilian merchant seaman for murder in Vietnam because crime and accused were not sufficiently connected with the military). See also Analysis, R.C.M. 103(19). The words “in the field” and “accompanying an armed force” have also been judicially construed. “In the field” implies military ANALYSIS App. 21, R.C.M. 202(b) operations with a view to the enemy. 14 Ops. Atty Gen. 22 (1872). The question whether an armed force is “in the field” is not to be determined by the locality in which it is found, but rather by the activity in which it is engaged. Hines v. Mikell, 259 F.28, 34 (4th Cir. 1919). Thus, forces assembled in the United States for training preparatory for service in the actual theater of war were held to be “in the field.” Hines v. Mikell, supra. A merchant ship and crew transporting troops and supplies to a battle zone constitute a military exp<strong>edition</strong> “in the field.” In re Berue, 54 F. Supp. 252 (S.D. Ohio 1944); McCune v. Kilpatrick, 53 F.Supp. 80 (E.D. Va. 1943). See also Ex parte Gerlach, 247 F.616 (S.D.N.Y. 1917); United States v. Burney, 6 U.S.C.M.A. 776, 21 C.M.R. 98 (1956); Hearings on H.R. 2498 Before a Subcomm. of the House Comm. on Armed Services, 81st Cong., 1st Sess. 872–3 (1949). But see, W. Winthrop, supra at 100–102; Reid v. Covert, supra at 34 n. 61. One may be “accompanying an armed force” although not directly employed by it or the Government. For example, an employee of a contractor engaged on a military project or serving on a merchant ship carrying supplies or troops is “accompanying an armed force.” Perlstein v. United States, 151 F.2d 167 (3d Cir. 1945), cert. dism., 328 U.S. 822 (1946); In re DiBartolo, 50 F.Supp. 929 (S.D.N.Y. 1943); In re Berue, supra; McCune v. Kilpatrick, supra. To be “accompanying an armed force” one’s presence within a military installation must be more than merely incidental; it must be connected with or dependent upon the activities of the armed forces or its personnel. Although a person “accompanying an armed force” may be “serving with” it as well, the distinction is important because even though a civilian’s contract with the Government ended before the commission of an offense, and hence the person is no longer “serving with” an armed force, jurisdiction may remain on the ground that the person is “accompanying an armed force” because of continued connection with the military. Perlstein v. United States, supra; Grewe v. France , 75 F.Supp. 433 (E.D. Wis. 1948). McElroy v. Guagliardo, supra at 285–87, discusses possible methods for extending court-martial jurisdiction over civilians in some circumstances. To date these methods remain undeveloped. See also Everett and Hourcle, Crime Without Punishment—Exservicemen, Civilian Employees and Dependents, 13 A.F.JAG L. Rev. 184 (1971). Civilians may be tried by general court-martial under Article 18 and the law of war. See R.C.M. 201(f)(1)(B); 202(b). See also Article 21. This includes trial by court-martial in places where the United States is an occupying power. See e.g., Madsen v. Kinsella, 343 U.S. 341 (1952) [upholding jurisdiction of military commission to try a dependent spouse in occupied Germany in 1950. Although a state of war with Germany still t e c h n i c a l l y e x i s t e d ( s e e P r o c l a m a t i o n N o . 2 9 5 0 , 3 C . F . R . (1948–53 Comp.) 135 (1951)) hostilities were declared terminated on 31 December 1946 ( see Proclamation No. 2714, 3 C.F.R. (1948–53 Comp.) 99 (1947)) and the United States Supreme Court observed in dicta that military courts might have jurisdiction in occupied territory even in peacetime, 343 U.S. at 360)]. See also Wilson v. Bohlender, 361 U.S. 281, 283 n. 2 (1960); Kinsella v. Singleton, supra at 244. (b) Offenses under the law of war. This subsection is based on Article 18. See also Article 21. The phrase “offense subject to trial by court-martial” or “offense triable by court-martial” is used in the R.C.M. in recognition of the fact that the Manual for A21-11
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MANUAL FOR COURTS-MARTIAL UNITED ST
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PREFACE The Manual for Courts-Marti
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MRE 503 regarding the privilege att
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PART I PREAMBLE 1. Sources of milit
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MCM 2008 (l) Confinement after rele
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MCM 2008 (d) When charges may be re
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MCM 2008 (d) Effect of replacement
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MCM 2008 (b) Refusal to plead; irre
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MCM 2008 Rule 923. Impeachment of f
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MCM 2008 (c) Loss of record. . . .
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MCM 2008 (b) Petition by the accuse
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MCM 2008 SECTION III EXCLUSIONARY R
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MCM 2008 Rule 321. Eyewitness ident
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MCM 2008 Rule 509. Deliberations of
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MCM 2008 (15) Statements in documen
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MCM 2008 c. Explanation. . . . . .
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MCM 2008 a. Text of statute. . . .
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MCM 2008 f. Sample specification. .
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MCM 2008 d. Lesser included offense
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MCM 2008 d. Lesser included offense
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MCM 2008 b. Elements. . . . . . . .
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MCM 2008 f. Sample specification. .
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MCM 2008 a. Notice. . . . . . . . .
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1. Sources of military jurisdiction
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Rule 101. Scope, title (a) In gener
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they remain possessions, but does n
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eviewing authority with respect to
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Discussion Complaints need not be m
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Rule 201. Jurisdiction in general (
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t h i s p o l i c y d o e s n o t a
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with respect to offenders or offens
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p e r s o n s u n d e r t h e l a w
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CHAPTER III. INITIATION OF CHARGES;
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(B) Under exigent circumstances des
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straint, including its terms or lim
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305(i)(1), or this subsection preve
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of evidence or of misconduct which,
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matter shall be forwarded to the ge
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essential to the offense, so they m
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CHAPTER IV. FORWARDING AND DISPOSIT
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the hour and date of receipt to be
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counsel. The investigating officer
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expenses to testify at a pretrial i
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in the Article 32 investigating off
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t h e m a t t e r ) t o a s u b o r
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court-martial without a military ju
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counsel. Responsibility for trial o
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efore assembly, request orally on t
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See also R.C.M. 401(c). Discussion
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is a member shall be reasonably ava
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vening authority may include proper
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withdrawn charges or specifications
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information which is under the cont
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gated the disadvantage caused by th
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forward it to the authority who ord
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shall grant a continuance or other
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attendance of civilian witnesses ma
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ney General of the United States or
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period of suspension of the sentenc
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Discussion Based on the report, fur
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CHAPTER VIII. TRIAL PROCEDURE GENER
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making the motion or raising the ob
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ight to be present. See also R.C.M.
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An assistant counsel who lacks the
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Rule 807. Oaths (a) Definition. “
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t h e m i l i t a r y j u d g e s h
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Rule 811. Stipulations (a) In gener
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CHAPTER IX. TRIAL PROCEDURES THROUG
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(1) “Proceeding” includes pretr
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Rule 905. Motions generally (a) Def
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determination and the grounds for i
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trial be tried separately. Such a r
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out trial of a deserter by a genera
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against them or to conduct or coope
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vening authority, or trial counsel,
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vening authority in the case, or ha
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cise a peremptory challenge before
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(5) Reopening case. The military ju
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good character, see Mil. R. Evid. 4
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Discussion The defense of accident
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(l) Not defenses generally. (1) Ign
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erly before the court-martial on th
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equested by a party or which the mi
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not for the purpose of rendering a
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“conviction” includes any dispo
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section (c)(3) of this rule, they m
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Discussion A fine is in the nature
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and desertion (see paragraph 9, Par
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( 4 ) N e c e s s a r y f i n d i n
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cused knowingly created a grave ris
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(d) Voting. (1) Duty of members. Ea
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(B) With a view to decreasing. Memb
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eported in the convening authority
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u n l e s s t h e s e n t e n c e p
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o n d e f e n s e c o u n s e l i n
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Appeals. Before review, if any, by
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the court-martial or in writing, th
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the period in which comments may be
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Discussion The method of service an
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mental capacity of the accused, the
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e o r d e r e d i f , i n t h e s a
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was disapproved or set aside. The c
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ence of the probationer or to preve
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one year, shall follow that set for
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ted, a waiver or withdrawal in comp
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Discussion A dismissal may not be o
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digency, unless the authority consi
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CHAPTER XII. APPEALS AND REVIEW Rul
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to request that the detailed appell
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T h e a c c u s e d m a y p e t i t
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shall take action under subsection
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e submitted by the accused personal
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CHAPTER XIII. SUMMARY COURTS-MARTIA
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substantial irregularity in the cha
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Discussion See Appendix 15 for a sa
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Rule 101. Scope ( a ) A p p l i c a
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Rule 301. Privilege concerning comp
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evidence would have been obtained e
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agent of a military unit or of a pe
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(3) Evidence that was obtained as a
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Rule 312. Body views and intrusions
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the time of the search. Under norma
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( e ) P o w e r t o s e a r c h . A
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(2) takes place outside the United
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tendency to make the existence of a
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(1) Evidence offered to prove that
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(2) contact between the mouth and t
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Rule 504. Husband-wife privilege (a
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judge to have access to the classif
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any order that the interests of jus
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(A) Finding of identifiable damage.
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sonable period of time disclosure i
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of evidence of a patient’s record
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inadmissible except that a convicti
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Rule 702. Testimony by experts If s
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with the provisions of paragraph (6
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ing in the death of the alleged vic
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and actually recorded or filed in a
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i n g s e x c e p t t h o s e i n w
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1.b.(2)(b)(ii) as a party, where th
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3.b.(2) robbery, but guilty of wron
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5.c.(3) agreement must, at least in
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6.f.(1) or committed, add the follo
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9.a.(a)(3) (3) without being regula
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9.c.(2)(c) ous duty or important se
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10.c.(4)(d) or duty section with th
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11.c. c. Explanation. (1) Movement.
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13.c.(1)(b) prevented. The victim i
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14.c.(2)(b) must be directed specif
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15.b.(3)(f) or was disrespectful to
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16.c.(1)(b) tains its character as
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17.c.(2) even though the duties are
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18.f.(3) with intent to cause the (
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19.c.(5)(c) without force or artifi
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20.e.(3) Dishonorable discharge, fo
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23.b.(2)(c) (c) That this act occur
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23.d.(6)(b) (b) Article 80—attemp
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24.f.(1) of , (to give up to the en
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27.b.(3)(a) otherwise dealt in or d
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28.c.(5)(a) i n f o r m a t i o n v
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30.a. commission and on conviction
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30a.c. c. Explanation. (1) Intent.
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32.c.(2) cludes: deliberate violati
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33.c.(2) this section, the destruct
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34.f.(3) w e e n a n d h o u r s on
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35.e.(1) discharge, forfeiture of a
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37.c.(2) the accused did not know t
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37.f.(3) aircraft, vehicle, or inst
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39.f.(1) (with ), using as weapons
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41.f.(1) w i t h ( a n d ) ( a n d
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43.c.(3)(b) members of the body, se
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44.e. e. Maximum punishment. ( 1 )
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44a.d.(2)(a) (a) Article 119a — k
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45.a.(o)(1) had not attained the ag
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45.a.(t)(12)(B) (B) that other pers
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45.b.(3)(c) ble of appraising the a
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45.b.(8)(c) stantially incapacitate
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45.e.(2)(a) - (f) (2)(a) - (f) Rape
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45.g.(2)(c) 16 years, by causing gr
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45.g.(7)(b)(i) wit: against (him)(h
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45.g.(14) indecent manner (his) (he
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46.c.(1)(c)(ii) ( i i ) O w n e r .
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46.c.(1)(h)(i) the general or speci
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47.c.(3) (3) Fear. For a robbery to
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48.f.(1) (1) Forgery—making or al
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49.c.(13) ( 1 3 ) U p o n i t s p r
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50.f. data, if required) on or abou
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52.f.(1)(b) T h e a t e r ) ( , t h
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54.c.(1)(b)(ii) r e a s o n a b l e
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54.c.(4)(b)(ii) as when the victim
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55.b.(1) ( 1 ) T h a t t h e a c c
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57.b.(1)(c) (c) That the oath or af
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58.b.(3) ( 3 ) M a k i n g o r u s
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58.f.(1) ( f a l s e a n d f r a u
Page 394 and 395:
60.a. be guilty, shall be taken cog
Page 396 and 397:
61. 61. Article 134—(Abusing publ
Page 398 and 399:
64.c.(6) intent to commit sodomy. A
Page 400 and 401:
67.b.(2) the intent to defraud a ce
Page 402 and 403:
68a.f.(2) culpable negligence) (whi
Page 404 and 405:
72.b.(5) discipline in the armed fo
Page 406 and 407:
76.f. w a s , ( a t / o n b o a r d
Page 408 and 409:
79.c.(1) ing under a lawful oath or
Page 410 and 411:
83.c.(1) tion of the custom of the
Page 412 and 413:
89.b.(3) discipline in the armed fo
Page 414 and 415:
93.f.(1) (1) Taking. In that (perso
Page 416 and 417:
96a.b.(2) tain person against whom
Page 418 and 419:
97a.c.(2) role, such as paying rest
Page 420 and 421:
100a.f. f. Sample specification. In
Page 422 and 423:
104.c.(2)(a) graph 38c applies to l
Page 424 and 425:
108.c. charge of wrongful to testif
Page 426 and 427:
110.f. ( a c c u s e o f h a v i n
Page 429 and 430:
PART V NONJUDICIAL PUNISHMENT PROCE
Page 431 and 432:
authority is considering the imposi
Page 433 and 434:
(ii) correctional custody for not m
Page 435 and 436:
(2) a subsequent period of active d
Page 437:
o f a n y w r i t t e n m a t t e r
Page 440 and 441:
Art. 1, § 5 APPENDIX 1 Section 6.
Page 442 and 443:
Art. 2, § 3 APPENDIX 1 them, with
Page 444 and 445:
Amdt. XII APPENDIX 1 number of Elec
Page 446 and 447:
Amdt. XXV, § 1 APPENDIX 1 shall ta
Page 448 and 449:
§ 802. Art. 2.(a)(4) APPENDIX 2 (4
Page 450 and 451:
§ 809. Art. 9.(b) APPENDIX 2 o f h
Page 452 and 453:
SUBCHAPTER IV. APPENDIX 2 Sec. Art.
Page 454 and 455:
§ 825. Art. 25.(b)(2) APPENDIX 2 (
Page 456 and 457:
§ 832. Art. 32.(b) APPENDIX 2 prov
Page 458 and 459:
§ 839. Art. 39.(a) APPENDIX 2 this
Page 460 and 461:
§ 847. Art. 47. APPENDIX 2 § 847.
Page 462 and 463:
§ 854. Art. 54.(a) APPENDIX 2 the
Page 464 and 465:
SUBCHAPTER IX. APPENDIX 2 Sec. Art.
Page 466 and 467:
§ 864. Art. 64.(b)(2) APPENDIX 2 (
Page 468 and 469:
§ 869. Art. 69.(e) APPENDIX 2 (e)
Page 470 and 471:
§ 876b. Art. 76b.(a)(4)(C) APPENDI
Page 472 and 473:
§ 886. Art. 86.(1) APPENDIX 2 ( 1
Page 474 and 475:
§ 906a. Art. 106a.(a)(1) APPENDIX
Page 476 and 477:
§ 919a. Art. 119a. APPENDIX 2 § 9
Page 478 and 479:
§ 920. Art. 120.(t)(4)(C) APPENDIX
Page 480 and 481:
§ 924. Art. 124.(2) APPENDIX 2 (2)
Page 482 and 483:
§ 938. Art. 138. APPENDIX 2 court-
Page 484 and 485:
§ 943. Art. 143.(b) APPENDIX 2 (b)
Page 487 and 488:
Department of Defense DIRECTIVE APP
Page 489 and 490:
MEMORANDUM OF UNDERSTANDING BETWEEN
Page 491 and 492:
Page 493:
Page 496 and 497:
Department of Justice determines th
Page 498 and 499:
A4-2 APPENDIX 4
Page 500 and 501:
A5-2 APPENDIX 5
Page 502 and 503:
[ N o t e 8 . M e m b e r s m a y b
Page 504 and 505:
A7-2 APPENDIX 7
Page 506 and 507:
App. 8 APPENDIX 8 [Note 10. See R.C
Page 508 and 509:
App. 8 APPENDIX 8 Election to be tr
Page 510 and 511:
App. 8 APPENDIX 8 ACC: . Maximum pe
Page 512 and 513:
App. 8 APPENDIX 8 A8-8 [Note 33. If
Page 514 and 515:
App. 8 APPENDIX 8 AC: . MJ: Has any
Page 516 and 517:
App. 8 APPENDIX 8 Assembly/prelimin
Page 518 and 519:
App. 8 APPENDIX 8 Oath of witness [
Page 520 and 521:
App. 8 APPENDIX 8 Out of court hear
Page 522 and 523:
App. 8 APPENDIX 8 MJ: Which of thes
Page 524 and 525:
App. 8 APPENDIX 8 GCM subject to re
Page 526 and 527:
App. 8 APPENDIX 8 A8-22 MJ: The cou
Page 528 and 529:
App. 9 APPENDIX 9 ACC: . Right to o
Page 530 and 531:
App. 9 APPENDIX 9 SCM: Do you under
Page 532 and 533:
App. 9 APPENDIX 9 SCM: By your plea
Page 534 and 535:
App. 9 APPENDIX 9 Acceptance of gui
Page 536 and 537:
App. 9 APPENDIX 9 Procedure if tota
Page 538 and 539:
App. 9 APPENDIX 9 Entry on charge s
Page 541 and 542:
a. Announcement of sentence APPENDI
Page 543 and 544:
APPENDIX 12 MAXIMUM PUNISHMENT CHAR
Page 545 and 546:
App. 12, Art. 120 This chart was co
Page 547 and 548:
Page 549:
Page 552 and 553:
App. 13 APPENDIX 13 Receipt for rec
Page 554 and 555: App. 13 APPENDIX 13 Prior participa
Page 556 and 557: App. 13 APPENDIX 13 Note. If there
Page 558 and 559: App. 13 APPENDIX 13 I don’t know
Page 560 and 561: App. 13 APPENDIX 13 Instructions Th
Page 563 and 564: APPENDIX 14 GUIDE FOR PREPARATION O
Page 565 and 566: of the exhibit, as appropriate, as
Page 567 and 568: SSEs, Reporter’s Notes and Gestur
Page 569 and 570: Bench conferences and Article 39(a)
Page 571: GUIDE FOR PREPARATION OF RECORD OF
Page 574 and 575: A15-2 APPENDIX 15
Page 576 and 577: App. 16 APPENDIX 16 Deferment of co
Page 578 and 579: App. 16 APPENDIX 16 certain rights,
Page 580 and 581: App. 16 APPENDIX 16 thority who may
Page 582 and 583: App. 17 APPENDIX 17 Specification:
Page 584 and 585: App. 17 APPENDIX 17 Remissions; sus
Page 587 and 588: APPENDIX 18 Report of Proceedings t
Page 589 and 590: APPENDIX 18 A18-3
Page 591 and 592: APPENDIX 19 Waiver/Withdrawal of Ap
Page 593 and 594: APPENDIX 20 Waiver/Withdrawal of Ap
Page 595 and 596: APPENDIX 21 ANALYSIS OF RULES FOR C
Page 597 and 598: this analysis was drafted, the spec
Page 599 and 600: previous Manuals. It is defined to
Page 601 and 602: straint may be necessary to ensure
Page 603: The Schooner Exchange v. McFaddon a
Page 607 and 608: 4 1 C . M . R . 2 9 ( 1 9 6 9 ) . S
Page 609 and 610: inconsistent with Fed.R. Crim. P. 4
Page 611 and 612: and to act. See Article 9(e). See a
Page 613 and 614: e m a i n i n g p r e t r i a l c o
Page 615 and 616: after trial. It is the responsibili
Page 617 and 618: ( i ) P r i n c i p a l s — p a r
Page 619 and 620: third paragraph of paragraph 34 d o
Page 621 and 622: Rule 406 Pretrial advice ( a ) I n
Page 623 and 624: convening authority to avoid appoin
Page 625 and 626: Function section 3-3.9(a) (1979). C
Page 627 and 628: Providing broad discovery at an ear
Page 629 and 630: (f); paragraph 117 b(11) of MCM, 19
Page 631 and 632: u n d e r c o n t r a c t t o t h e
Page 633 and 634: (1964). See also United States v. S
Page 635 and 636: M.J. 354 (C.M.A. 1983), the Court s
Page 637 and 638: lish the outlines of their responsi
Page 639 and 640: make rulings at a 43(c)(2) conferen
Page 641 and 642: emains. Trial may not proceed with
Page 643 and 644: language of Article 48 applies only
Page 645 and 646: document is true. In this sense, a
Page 647 and 648: and 25, and United States v. Jeanba
Page 649 and 650: estrict the power of the convening
Page 651 and 652: to a court-martial. Cf. Lee v. Unit
Page 653 and 654: (a) In general. Subsection (1) is b
Page 655 and 656:
v. Greene, 20 U.S.C.M.A. 232, 43 C.
Page 657 and 658:
stituted for “in their possession
Page 659 and 660:
least 16 years of age. The changes
Page 661 and 662:
Cotten, 10 M.J. 260 (C.M.A. 1981);
Page 663 and 664:
for in R.C.M. 918(a). But see Carro
Page 665 and 666:
much information as the military ju
Page 667 and 668:
e s t r i c t i o n , h a r d l a b
Page 669 and 670:
the first of two “thresholds” b
Page 671 and 672:
accused intended to affect national
Page 673 and 674:
erence to the percentage of agreeme
Page 675 and 676:
subsection implements Article 58b,
Page 677 and 678:
the record. In subsection (A), the
Page 679 and 680:
the defense may submit matters in i
Page 681 and 682:
of showing lack of mental capacity
Page 683 and 684:
President, remission or suspension
Page 685 and 686:
the first paragraph of paragraph 98
Page 687 and 688:
Rule 1202 Appellate counsel (a) In
Page 689 and 690:
guilty, see Article 44; R.C.M. 905(
Page 691:
(b) Contents. This subsection is ba
Page 694 and 695:
App. 22, M.R.E. 101(a) APPENDIX 22
Page 696 and 697:
App. 22, M.R.E. 105 APPENDIX 22 sta
Page 698 and 699:
App. 22, M.R.E. 301(b)(1) APPENDIX
Page 700 and 701:
App. 22, M.R.E. 302 APPENDIX 22 the
Page 702 and 703:
Page 704 and 705:
App. 22, M.R.E. 304(d)(3) APPENDIX
Page 706 and 707:
App. 22, M.R.E. 304(h)(3) APPENDIX
Page 708 and 709:
App. 22, M.R.E. 305(e) APPENDIX 22
Page 710 and 711:
App. 22, M.R.E. 311(b) APPENDIX 22
Page 712 and 713:
App. 22, M.R.E. 312(c) APPENDIX 22
Page 714 and 715:
Page 716 and 717:
Page 718 and 719:
App. 22, M.R.E. 314(c) APPENDIX 22
Page 720 and 721:
Page 722 and 723:
App. 22, M.R.E. 315(h) APPENDIX 22
Page 724 and 725:
Page 726 and 727:
Page 728 and 729:
App. 22, M.R.E. 412 APPENDIX 22 whi
Page 730 and 731:
App. 22, M.R.E. 501 APPENDIX 22 app
Page 732 and 733:
Page 734 and 735:
App. 22, M.R.E. 506 APPENDIX 22 Rul
Page 736 and 737:
App. 22, M.R.E. 509 APPENDIX 22 Rul
Page 738 and 739:
Page 740 and 741:
App. 22, M.R.E. 610 APPENDIX 22 ble
Page 742 and 743:
App. 22, M.R.E. 701 APPENDIX 22 chi
Page 744 and 745:
App. 22, M.R.E. 801(d)(1) APPENDIX
Page 746 and 747:
App. 22, M.R.E. 803(4) APPENDIX 22
Page 748 and 749:
App. 22, M.R.E. 803(19-20) APPENDIX
Page 750 and 751:
Page 752 and 753:
App. 22, M.R.E. 1001(4) APPENDIX 22
Page 754 and 755:
App. 22, M.R.E. 1102 APPENDIX 22 ne
Page 756 and 757:
Pun. Art. 78 APPENDIX 23 on Article
Page 758 and 759:
Pun. Art. 86 APPENDIX 23 (6) Inabil
Page 760 and 761:
Pun. Art. 92 APPENDIX 23 e. Maximum
Page 762 and 763:
Pun. Art. 95 APPENDIX 23 forces may
Page 764 and 765:
Pun. Art. 108 APPENDIX 23 mum punis
Page 766 and 767:
Pun. Art. 112 APPENDIX 23 wide Surv
Page 768 and 769:
Pun. Art. 119 APPENDIX 23 slaughter
Page 770 and 771:
Pun. Art. 122 APPENDIX 23 d. Lesser
Page 772 and 773:
Pun. Art. 131 APPENDIX 23 1746 of t
Page 774 and 775:
Pun. Art. 134 APPENDIX 23 United St
Page 776 and 777:
Pun. Art. 134 APPENDIX 23 88. Artic
Page 778 and 779:
Pun. Art. 134 APPENDIX 23 6c, no. 1
Page 781 and 782:
APPENDIX 24 ANALYSIS OF NONJUDICIAL
Page 783 and 784:
EXECUTIVE ORDER 12473 AS AMENDED BY
Page 785 and 786:
THE WHITE HOUSE February 19, 1986 H
Page 787 and 788:
investigation, referral of charges,
Page 789 and 790:
EXECUTIVE ORDER NO. 12767 AMENDMENT
Page 791 and 792:
EXECUTIVE ORDER 12888 AMENDMENTS TO
Page 793 and 794:
this rule to have military counsel
Page 795 and 796:
c r i m e t r i e d b y c o u r t -
Page 797 and 798:
THE WHITE HOUSE December 23, 1993.
Page 799 and 800:
fenses may not serve as the princip
Page 801 and 802:
cials have a reasonable suspicion b
Page 803 and 804:
EXECUTIVE ORDER 12960 AMENDMENTS TO
Page 805 and 806:
postpone service of a sentence to c
Page 807 and 808:
subsection (i)(3) reasonably could
Page 809 and 810:
speed or erratic operation, but all
Page 811 and 812:
which may properly or normally be e
Page 813 and 814:
such as witness statements, investi
Page 815 and 816:
However, the United States may not
Page 817 and 818:
immediate need for the accused; the
Page 819 and 820:
u. R.C.M. 1107(d)(3)(A) is amended
Page 821 and 822:
have the authority to vacate any pu
Page 823 and 824:
considered for its bearing on any m
Page 825 and 826:
self from custody before being rele
Page 827 and 828:
ta), having been placed in (post-tr
Page 829 and 830:
EXECUTIVE ORDER 13140 1999 AMENDMEN
Page 831 and 832:
(4) when a psychotherapist or assis
Page 833 and 834:
Martial 502, 804, and 914A shall on
Page 835 and 836:
HISTORICAL EXECUTIVE ORDERS A25-53
Page 837 and 838:
Page 839 and 840:
Page 841 and 842:
Page 843 and 844:
Page 845 and 846:
Page 847 and 848:
Page 849 and 850:
Page 851 and 852:
Page 853 and 854:
Page 855 and 856:
Executive Order 13365 of December 3
Page 857 and 858:
trait of character offered by an ac
Page 859 and 860:
the effective date of this order th
Page 861 and 862:
e conducted unless at least three m
Page 863 and 864:
“In that (personal jurisdiction d
Page 865 and 866:
lowing after the second sentence:
Page 867 and 868:
emote means. At a minimum, all part
Page 869 and 870:
property (known to be occupied by)
Page 871 and 872:
d i c t i o n d a t a , i f r e q u
Page 873 and 874:
ANNEX Section 1. Part II of the Man
Page 875 and 876:
a person other than the accused was
Page 877 and 878:
person subject to this chapter who
Page 879 and 880:
(ii) a threat — (I) to accuse any
Page 881 and 882:
(i) That the accused engaged in a s
Page 883 and 884:
with or by a child or by another pe
Page 885 and 886:
(8) Abusive sexual contact. (a) Art
Page 887 and 888:
d r u g , i n t o x i c a n t , o r
Page 889 and 890:
( b ) A g g r a v a t e d s e x u a
Page 891 and 892:
(his)(her)( ) knowledge or permissi
Page 893 and 894:
( n ) P a r a g r a p h 5 4 , A r t
Page 895 and 896:
In that (personal jurisdiction data
Page 897 and 898:
APPENDIX 26 THE JOINT SERVICE COMMI
Page 899 and 900:
THE JOINT SERVICE COMMITTEE ON MILI
Page 901 and 902:
Page 903 and 904:
Page 905:
Page 908 and 909:
ceased to resist only because of a
Page 910 and 911:
wrongfully expose in an indecent ma
Page 912 and 913:
MCM, 2008 INDEX Subject Ref. Page A
Page 914 and 915:
MCM, 2008 INDEX Subject Ref. Page S
Page 916 and 917:
Page 918 and 919:
MCM, 2008 INDEX Subject Ref. Page T
Page 920 and 921:
MCM, 2008 INDEX Subject Ref. Page C
Page 922 and 923:
MCM, 2008 INDEX Subject Ref. Page R
Page 924 and 925:
MCM, 2008 INDEX Subject Court-marti
Page 926 and 927:
MCM, 2008 INDEX Subject Ref. Page D
Page 928 and 929:
Page 930 and 931:
Page 932 and 933:
MCM, 2008 INDEX Subject Ref. Page O
Page 934 and 935:
Page 936 and 937:
MCM, 2008 INDEX Subject Ref. Page W
Page 938 and 939:
MCM, 2008 INDEX Subject Ref. Page P
Page 940 and 941:
Page 942 and 943:
MCM, 2008 INDEX Subject Ref. Page H
Page 944 and 945:
MCM, 2008 INDEX Subject Ref. Page j
Page 946 and 947:
Page 948 and 949:
MCM, 2008 INDEX Subject Ref. Page M
Page 950 and 951:
Page 952 and 953:
Page 954 and 955:
MCM, 2008 INDEX Subject Ref. Page M
Page 956 and 957:
Page 958 and 959:
Page 960 and 961:
MCM, 2008 INDEX Subject Jurisdictio
Page 962 and 963:
MCM, 2008 INDEX Subject Ref. Page G
Page 964 and 965:
Page 966 and 967:
MCM, 2008 INDEX Subject Ref. Page I
Page 968 and 969:
MCM, 2008 INDEX Subject Ref. Page U
Page 970 and 971:
MCM, 2008 INDEX Subject Ref. Page W
Page 972 and 973:
Page 974 and 975:
MCM, 2008 INDEX Subject Ref. Page O
Page 976 and 977:
Page 978 and 979:
Part I Preamble Part II Rules for C
Page 980:
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