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

More documents

Recommendations

Info

App. 21, R.C.M. 505(b) APPENDIX 21 (Rev.). See also United States v. Ware, 5 M.J. 24 (C.M.A. 1978). It has been modified to reflect that military judges and counsel no longer must be detailed by the convening authority. The second paragraph in the discussion is based on United States v. Herrington, 8 M.J. 194 (C.M.A. 1980). References in paragraph 37 b to excusal as a result of challenges are deleted here as challenges are covered in R.C.M. 902 and 912. (c) Changes of members. This subsection is based on Articles 25(e) and 29, and paragraphs 37 b and c, and 39 e of MCM, 1969 (Rev.). The limitation on the authority of the convening authority’s delegate to excuse no more than one-third of the members is based on S. Rep. No. 53, 98th Cong., 1st Sess. 13 (1983). (d) Changes of detailed counsel. Subsection (1) is based on that part of the second sentence of paragraph 37 a of MCM, 1969 (Rev.) which covered trial counsel. Subsection (2) is new and conforms to the amendment of Article 27(a) concerning who details counsel. Subsection (2)(A) is consistent with that part of the second sentence of paragraph 37 a of MCM, 1969 (Rev.) which dealt with defense counsel. Subsection (2)(B) is based on Article 38(b)(5); United States v. Catt, 1 M . J . 4 1 ( C . M . A . 1 9 7 5 ) ; U n i t e d S t a t e s v . T i m b e r l a k e , 2 2 U . S . C . M . A . 1 1 7 , 4 6 C . M . R . 1 1 7 ( 1 9 7 3 ) ; U n i t e d S t a t e s v . Andrews, 21 U.S.C.M.A. 165, 44 C.M.R. 219 (1972); United States v. Massey, 14 U.S.C.M.A. 486, 34 C.M.R. 266 (1964). (e) Change of military judge. This subsection is based on Articles 26(a) and 29(d) and on paragraph 39 e of MCM, 1969 (Rev.). See also United States v. Smith, 3 M.J. 490 (C.M.A. 1975). (f) Good cause. This subject is based on Article 29 and on United States v. Greenwell, 12 U.S.C.M.A. 560, 31 C.M.R. 146 (1961); United States v. Boysen, 11 U.S.C.M.A. 331, 29 C.M.R. 147 (1960); Unites States v. Grow, 3 U.S.C.M.A. 77, 11 C.M.R. 77 (1953). See S. Rep. No. 53, 98th Cong., 1st Sess. 13 (1983). As to defense counsel, see also United States v. Catt, United States v. Timberlake, United States v. Andrews , and United States v. Massey, all supra. Rule 506 Accused’s rights to counsel (a) In general. This subsection is taken from the first two sentences of paragraph 48 a of MCM, 1969 (Rev.), which was based on Article 38(b) as amended. Act of November 20, 1981, Pub. L. No. 97–81; 95 Stat. 1085. Note that the amendment of Article 3 8 ( b ) e f f e c t i v e l y o v e r r u l e d U n i t e d S t a t e s v . J o r d a n , 2 2 U.S.C.M.A. 164, 46 C.M.R. 164 (1973), which held that an accused who has civilian counsel is not entitled to individual military counsel. The amendment of Article 38(b) provides that the accused may be represented by civilian counsel “and” by detailed or requested military counsel instead of civilian counsel “or” requested military counsel as it formerly did. See also H.R. Rep. No. 306, 97th Cong., 1st Sess. 4–7 (1981). Nothing in this rule is intended to limit the authority of the military judge to ensure that the accused exercises the rights to counsel in a timely fashion and that the progress of the trial is not unduly impeded. See Morris v. Slappy, 461 U.S. (1983), 33 Cr.L. R p t r . 3 0 1 3 ( 1 9 8 3 ) ; U n i t e d S t a t e s v . M o n t o y a , 1 3 M . J . 2 6 8 (C.M.A. 1982); United States v. Kinard, 21 U.S.C.M.A. 300, 45 C . M . R . 7 4 ( 1 9 7 2 ) ; U n i t e d S t a t e s v . B r o w n , 1 0 M . J . 6 3 5 ( A . C . M . R . 1 9 8 0 ) ; U n i t e d S t a t e s v . A l i c e a - B a e z , 7 M . J . 9 8 9 ( A . C . M . R . 1 9 7 9 ) ; U n i t e d S t a t e s v . L i v i n g s t o n , 7 M . J . 6 3 8 A21-30 ( A . C . M . R . 1 9 7 9 ) , a f f ’ d 8 M . J . 8 2 8 ( C . M . A . 1 9 8 0 ) . S e e a l s o United States v. Johnson, 12 M.J 670 (A.C.M.R. 1981); United States v. Kilby, 3 M.J. 938 (N.C.M.R.), pet. denied, 4 M.J. 139 (1977). (b) Individual military counsel. Subsection (1) is based on paragraphs 48 b(1) and (2) of MCM, 1969 (Rev.). See also Article 38(b); H.R. Rep. No. 306, supra at 5–7; United States v. Kelker, 4 M . J . 3 2 3 ( C . M . A . 1 9 7 8 ) ; U n i t e d S t a t e s v . E a s o n , 2 1 U.S.C.M.A. 335, 45 C.M.R. 109 (1972); United States v. Murray, 20 U.S.C.M.A. 61, 42 C.M.R 253 (1970). The second sentence of the last paragraph of this subsection has been modified based on the amendment of Article 38(b)(7), Military Justice Act of 1983, Pub. L. No. 98–209, § 3(e)(2), 97 Stat. 1393 (1983). Subsection (2) is taken from paragraph 48 b(3) of MCM, 1969 (Rev.). See also Article 38(b)(7). It ensures substantial uniformity in procedure among the services for handling requests for individual military counsel. Subsection (3) is based on the fourth through eighth sentences in the second paragraph of paragraph 46 d of MCM, 1969 (Rev.) and on Article 38(b)(6). See also H.R. Rep. No. 306, supra at 4–7. Authority to excuse detailed counsel has been modified based on the amendment of Article 38(b)(6). See Military Justice Act of 1983, Pub. L. No. 98–209, § 3(e)(1), 97 Stat. 1393 (1983). (c) Excusal or withdrawal. This subsection is based on United States v. Iverson , 5 M.J. 440 (C.M.A. 1978); United States v. Palenius, 2 M.J. 86 (C.M.A. 1977); United States v. Eason, supra; United States v. Andrews, 21 U.S.C.M.A. 165, 44 C.M.R. 219 (1972). See Analysis, R.C.M. 505(c)(2). (d) Waiver. This subsection is based on the third sentence of the second paragraph of paragraph 48 a of MCM, 1969 (Rev.) and on Faretta v. California, 422 U.S. 806 (1975). As to the last two sentences, see id. at 834 n.46. (e) Nonlawyer present. This subsection is based on the last sentence of the second paragraph of paragraph 48 a of MCM, 1969 (Rev.). CHAPTER VI. REFERRAL, SERVICE, AMENDMENT, AND WITHDRAWAL OF CHARGES Rule 601 Referral (a) In general. This definition is new. MCM, 1969 (Rev.) did not define “referral.” (b) Who may refer. This section is also new, although MCM, 1969 (Rev) clearly implied that any convening authority could refer charges. See also United States v. Hardy, 4 M.J. 29 (C.M.A. 1977). Paragraphs 5 b(4) and 5 c of MCM, 1969 (Rev.) contained similar provisions. (c) Disqualification. This section is added to the Manual to express the statutory disqualification of an accuser to convene a court-martial in parallel terms in relation to referral. See Articles 22(b), 23(b). Cf. Article 24(b). The discussion follows paragraph 33 i of MCM, 1969 (Rev.). (d) When charges may be referred. Subsection (1) is new. Neither the code nor MCM, 1969 (Rev) have previously provided a standard for referral except in general courts-martial. See Article 34(a). Subsection (1) promotes efficiency by helping to prevent groundless charges from being referred for trial. This is consistent with Fed. R. Crim. P. 5.1(a). Accord ABA Standards Prosecution
Function section 3–3.9(a) (1979). Consistent with the amendment of Article 34, subsection (1) does not require the convening authority to evaluate the legal sufficiency of the case personally. In general courts-martial the legal sufficiency determination must be made by the staff judge advocate. See Article 34(a) and subsection (3)(2) of this rule. Subsection (1) requires a similar determin a t i o n i n a l l c o u r t s - m a r t i a l , i n c l u d i n g s p e c i a l a n d s u m m a r y courts-martial. Because of the judicial limitations on the sentencing power of special and summary courts-martial, any judge advocate may make the determination or the convening authority may do so personally. (A special or summary court-martial convening authority does not always have access to a judge advocate before referring charges; moreover, this subsection does not require reference to a judge advocate, even if one is available, if the convening authority elects to make the determination personally.) A person who serves as a trial counsel is not disqualified from rendering this advice. Cf. ABA Standards Prosecution Function Section 3–3.9(a) (1979). Note that there is no requirement under this subsection that the judge advocate’s advice be written or that the convening authority memorialize the basis of the referral in any way. The “reasonable grounds” standard is based on Article 34’s prerequisite to referral of charges to a general court-martial that the charges be warranted by the evidence in the report of the Article 32 investigation. Further, the legislative history of Article 32 strongly suggests that this is the intended standard of the investigation. Hearings on H.R. 2498 Before a Subcomm, of the House Comm. on Armed Services, 81st Cong., 1st Sess. 997 –98 (1949). Nothing suggests that the standard governing referral to inferior courts-martial should be different from that applicable to g e n e r a l c o u r t s - m a r t i a l . I t a p p e a r s t h a t t h e r e a s o n a b l e g r o u n d s standard has been in operation even without an explicit requirement. See, e.g., United States v. Eagle, 1 M.J. 387, 389 n.4 (C.M.A. 1976); United States v. Kauffman, 33 C.M.R. 748, 795 ( A . F . B . R . ) , r e v ’ d o n o t h e r g r o u n d s , 1 4 U . S . C . M . A . 2 8 3 , 3 4 C.M.R. 63 (1963). Cf. Gerstein v. Pugh, 420 U.S. 103 (1975). Subsection (2) restates the prerequisites for referral to a general court-martial of Articles 32 and 34. It is consistent with paragraphs 30 c and d, 34 a, and 35 of MCM, 1969 (Rev.) except insofar as the amendment of Article 34 (see Military Justice Act of 1983, Pub. L. No. 98–209, § 4, 97 Stat. 1393 (1983)) requires otherwise. The function of this provision is the same as paragraph 30 of MCM, 1969 (Rev.) to serve as a reminder of procedural limitations on referral. The waiver provision is based on Article 32(d); S. Rep. No. 53, 98th Cong., 1st Sess. 17 (1983); United States v. Schaffer, 12 M.J. 425 (C.M.A. 1982); United States v. Ragan, 14 U.S.C.M.A. 119, 33 C.M.R. 331 (1963). (e) How changes shall be referred. Subsection (1) is consistent with paragraph 33 j(1) of MCM, 1969 (Rev.). The personal responsibility of the convening authority to decide whether to refer and how to refer is emphasized, but the discussion makes clear that the administrative aspects of recording that decision may be delegated. The discussion’s instructions for subsequent referrals are based on paragraph 33 j(1) of MCM, 1969 (Rev.). The special case of referrals to summary courts-martial by the only officer present in command follows paragraph 33 j(1) of MCM, 1969 (Rev.) and Article 24(b). The discussion of limiting instructions follows paragraphs 33 ANALYSIS App. 21, R.C.M. 603(b) j(1) and k of MCM, 1969 (Rev.). The advice that convening authorities be guided by the criteria for capital punishment found at R.C.M. 1004 is new. See Gregg v. Georgia, 428 U.S. 153, 225 (1976) (White, J., concurring in the judgment). The last paragraph of the discussion on transmitting the referred charges and allied papers to the trial counsel is based on paragraph 33 j(2) of MCM, 1969 (Rev.). Subsection (2) is less restrictive than the previous military rule found at paragraphs 26 b and c of MCM, 1969 (Rev.), which cautioned against joining major and minor offenses. This rule is inconsistent with Fed. R. Crim. P. 8(a), which requires (in general) separate trials for each offense. Such a requirement is too unwieldy to be effective, particularly in combat or deployment. Joinder is entirely within the discretion of the convening authority. The last two sentences of the rule dealing with additional charges are based on paragraph 65 b of MCM, 1969 (Rev.). The discussion encourages economy, following paragraph 33 h of MCM, 1969 (Rev.). The last sentence in subsection (2) is new and clarifies that the accused may consent to the referral of additional charges after arraignment. Since the prohibition of such referral is for the accused’s benefit, the accused may forego it when it would be the accused’s advantage. See United States v. Lee, 14 M.J. 983 (N.M.C.M.R. 1983). The first two sentences of subsection (3) restate Fed. R. Crim. P. 8(b) in military nomenclature. They are consistent with the approach taken by paragraph 26 d of MCM, 1969 (Rev.). The last sentence is based on paragraph 33 l of MCM, 1969 (Rev.). There is no counterpart in federal civilian practice. (f) Referral by other convening authorities. This new provision reflects the principle that a subordinate convening authority’s decision does not preempt different dispositions by superior convening authorities. See United States v. Charette, 15 M.J. 197 (C.M.A. 1983); United States v. Blaylock, 15 M.J. 190 (C.M.A. 1 9 8 3 ) . S e e a l s o A n a l y s i s , R . C . M . 3 0 6 ( a ) , A n a l y s i s , R . C . M . 905(g), and Analysis, R.C.M. 907(b)(2)(C). Rule 602 Service of charges This rule is based on Article 35 and paragraph 44 h of MCM, 1969 (Rev.). Fed. R. Crim. P. 9 is consistent in purpose with this rule, but not in structure. The warrant system of Fed. R. Crim. P. 9(a), (b)(1), and (c) (2) is unnecessary in military practice. The remand provision of Fed. R. Crim. P. 9(d) is inconsistent with the structure of military procedure but consistent with the convening authority’s discretion to refer charges to a minor forum. See R.C.M. 306. The provision of Fed. R. Crim. P. 9(c) for service by mail or delivery to a residence is inconsistent with Article 35. Rule 603 Changes to charges and specifications (a) Minor changes defined. This definition and the discussion consolidate the tests and examples found at paragraphs 33 d, 44 f(1), and 69 b(1) of MCM, 1969 (Rev.). They are consistent with Fed. R. Crim. P. 7(e). (b) Minor changes before arraignment. This provision is based on and consolidates the authority of various persons to make minor changes as stated at paragraphs 33 d and 44 f(1) of MCM, 1969 (Rev.). It is inappropriate for an Article 32 investigating officer to make changes, but an investigating officer may recommend changes. See also Article 34(b) which provides authority A21-31
Page 1 and 2:
MANUAL FOR COURTS-MARTIAL UNITED ST
Page 3 and 4:
PREFACE The Manual for Courts-Marti
Page 5 and 6:
MRE 503 regarding the privilege att
Page 7 and 8:
PART I PREAMBLE 1. Sources of milit
Page 9 and 10:
MCM 2008 (l) Confinement after rele
Page 11 and 12:
MCM 2008 (d) When charges may be re
Page 13 and 14:
MCM 2008 (d) Effect of replacement
Page 15 and 16:
MCM 2008 (b) Refusal to plead; irre
Page 17 and 18:
MCM 2008 Rule 923. Impeachment of f
Page 19 and 20:
MCM 2008 (c) Loss of record. . . .
Page 21 and 22:
MCM 2008 (b) Petition by the accuse
Page 23 and 24:
MCM 2008 SECTION III EXCLUSIONARY R
Page 25 and 26:
MCM 2008 Rule 321. Eyewitness ident
Page 27 and 28:
MCM 2008 Rule 509. Deliberations of
Page 29 and 30:
MCM 2008 (15) Statements in documen
Page 31 and 32:
MCM 2008 c. Explanation. . . . . .
Page 33 and 34:
MCM 2008 a. Text of statute. . . .
Page 35 and 36:
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
Page 43 and 44:
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. . . . . . . . .
Page 51 and 52:
1. Sources of military jurisdiction
Page 53 and 54:
Rule 101. Scope, title (a) In gener
Page 55 and 56:
they remain possessions, but does n
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 (
Page 63 and 64:
t h i s p o l i c y d o e s n o t a
Page 65 and 66:
with respect to offenders or offens
Page 67 and 68:
p e r s o n s u n d e r t h e l a w
Page 69 and 70:
CHAPTER III. INITIATION OF CHARGES;
Page 71 and 72:
(B) Under exigent circumstances des
Page 73 and 74:
straint, including its terms or lim
Page 75 and 76:
305(i)(1), or this subsection preve
Page 77 and 78:
of evidence or of misconduct which,
Page 79 and 80:
matter shall be forwarded to the ge
Page 81 and 82:
essential to the offense, so they m
Page 83 and 84:
CHAPTER IV. FORWARDING AND DISPOSIT
Page 85 and 86:
the hour and date of receipt to be
Page 87 and 88:
counsel. The investigating officer
Page 89 and 90:
expenses to testify at a pretrial i
Page 91 and 92:
in the Article 32 investigating off
Page 93 and 94:
t h e m a t t e r ) t o a s u b o r
Page 95 and 96:
court-martial without a military ju
Page 97 and 98:
counsel. Responsibility for trial o
Page 99 and 100:
efore assembly, request orally on t
Page 101 and 102:
See also R.C.M. 401(c). Discussion
Page 103 and 104:
is a member shall be reasonably ava
Page 105 and 106:
vening authority may include proper
Page 107 and 108:
withdrawn charges or specifications
Page 109 and 110:
information which is under the cont
Page 111 and 112:
gated the disadvantage caused by th
Page 113 and 114:
forward it to the authority who ord
Page 115 and 116:
shall grant a continuance or other
Page 117 and 118:
attendance of civilian witnesses ma
Page 119 and 120:
ney General of the United States or
Page 121 and 122:
period of suspension of the sentenc
Page 123 and 124:
Discussion Based on the report, fur
Page 125 and 126:
CHAPTER VIII. TRIAL PROCEDURE GENER
Page 127 and 128:
making the motion or raising the ob
Page 129 and 130:
ight to be present. See also R.C.M.
Page 131 and 132:
An assistant counsel who lacks the
Page 133 and 134:
Rule 807. Oaths (a) Definition. “
Page 135 and 136:
t h e m i l i t a r y j u d g e s h
Page 137 and 138:
Rule 811. Stipulations (a) In gener
Page 139 and 140:
CHAPTER IX. TRIAL PROCEDURES THROUG
Page 141 and 142:
(1) “Proceeding” includes pretr
Page 143 and 144:
Rule 905. Motions generally (a) Def
Page 145 and 146:
determination and the grounds for i
Page 147 and 148:
trial be tried separately. Such a r
Page 149 and 150:
out trial of a deserter by a genera
Page 151 and 152:
against them or to conduct or coope
Page 153 and 154:
vening authority, or trial counsel,
Page 155 and 156:
vening authority in the case, or ha
Page 157 and 158:
cise a peremptory challenge before
Page 159 and 160:
(5) Reopening case. The military ju
Page 161 and 162:
good character, see Mil. R. Evid. 4
Page 163 and 164:
Discussion The defense of accident
Page 165 and 166:
(l) Not defenses generally. (1) Ign
Page 167 and 168:
erly before the court-martial on th
Page 169 and 170:
equested by a party or which the mi
Page 171 and 172:
not for the purpose of rendering a
Page 173 and 174:
“conviction” includes any dispo
Page 175 and 176:
section (c)(3) of this rule, they m
Page 177 and 178:
Discussion A fine is in the nature
Page 179 and 180:
and desertion (see paragraph 9, Par
Page 181 and 182:
( 4 ) N e c e s s a r y f i n d i n
Page 183 and 184:
cused knowingly created a grave ris
Page 185 and 186:
(d) Voting. (1) Duty of members. Ea
Page 187 and 188:
(B) With a view to decreasing. Memb
Page 189 and 190:
eported in the convening authority
Page 191 and 192:
u n l e s s t h e s e n t e n c e p
Page 193 and 194:
o n d e f e n s e c o u n s e l i n
Page 195 and 196:
Appeals. Before review, if any, by
Page 197 and 198:
the court-martial or in writing, th
Page 199 and 200:
the period in which comments may be
Page 201 and 202:
Discussion The method of service an
Page 203 and 204:
mental capacity of the accused, the
Page 205 and 206:
e o r d e r e d i f , i n t h e s a
Page 207 and 208:
was disapproved or set aside. The c
Page 209 and 210:
ence of the probationer or to preve
Page 211 and 212:
one year, shall follow that set for
Page 213 and 214:
ted, a waiver or withdrawal in comp
Page 215 and 216:
Discussion A dismissal may not be o
Page 217 and 218:
digency, unless the authority consi
Page 219 and 220:
CHAPTER XII. APPEALS AND REVIEW Rul
Page 221 and 222:
to request that the detailed appell
Page 223 and 224:
T h e a c c u s e d m a y p e t i t
Page 225 and 226:
shall take action under subsection
Page 227 and 228:
e submitted by the accused personal
Page 229 and 230:
CHAPTER XIII. SUMMARY COURTS-MARTIA
Page 231 and 232:
substantial irregularity in the cha
Page 233 and 234:
Discussion See Appendix 15 for a sa
Page 235 and 236:
Rule 101. Scope ( a ) A p p l i c a
Page 237 and 238:
Rule 301. Privilege concerning comp
Page 239 and 240:
evidence would have been obtained e
Page 241 and 242:
agent of a military unit or of a pe
Page 243 and 244:
(3) Evidence that was obtained as a
Page 245 and 246:
Rule 312. Body views and intrusions
Page 247 and 248:
the time of the search. Under norma
Page 249 and 250:
( e ) P o w e r t o s e a r c h . A
Page 251 and 252:
(2) takes place outside the United
Page 253 and 254:
tendency to make the existence of a
Page 255 and 256:
(1) Evidence offered to prove that
Page 257 and 258:
(2) contact between the mouth and t
Page 259 and 260:
Rule 504. Husband-wife privilege (a
Page 261 and 262:
judge to have access to the classif
Page 263 and 264:
any order that the interests of jus
Page 265 and 266:
(A) Finding of identifiable damage.
Page 267 and 268:
sonable period of time disclosure i
Page 269 and 270:
of evidence of a patient’s record
Page 271 and 272:
inadmissible except that a convicti
Page 273 and 274:
Rule 702. Testimony by experts If s
Page 275 and 276:
with the provisions of paragraph (6
Page 277 and 278:
ing in the death of the alleged vic
Page 279 and 280:
and actually recorded or filed in a
Page 281:
i n g s e x c e p t t h o s e i n w
Page 284 and 285:
1.b.(2)(b)(ii) as a party, where th
Page 286 and 287:
3.b.(2) robbery, but guilty of wron
Page 288 and 289:
5.c.(3) agreement must, at least in
Page 290 and 291:
6.f.(1) or committed, add the follo
Page 292 and 293:
9.a.(a)(3) (3) without being regula
Page 294 and 295:
9.c.(2)(c) ous duty or important se
Page 296 and 297:
10.c.(4)(d) or duty section with th
Page 298 and 299:
11.c. c. Explanation. (1) Movement.
Page 300 and 301:
13.c.(1)(b) prevented. The victim i
Page 302 and 303:
14.c.(2)(b) must be directed specif
Page 304 and 305:
15.b.(3)(f) or was disrespectful to
Page 306 and 307:
16.c.(1)(b) tains its character as
Page 308 and 309:
17.c.(2) even though the duties are
Page 310 and 311:
18.f.(3) with intent to cause the (
Page 312 and 313:
19.c.(5)(c) without force or artifi
Page 314 and 315:
20.e.(3) Dishonorable discharge, fo
Page 316 and 317:
23.b.(2)(c) (c) That this act occur
Page 318 and 319:
23.d.(6)(b) (b) Article 80—attemp
Page 320 and 321:
24.f.(1) of , (to give up to the en
Page 322 and 323:
27.b.(3)(a) otherwise dealt in or d
Page 324 and 325:
28.c.(5)(a) i n f o r m a t i o n v
Page 326 and 327:
30.a. commission and on conviction
Page 328 and 329:
30a.c. c. Explanation. (1) Intent.
Page 330 and 331:
32.c.(2) cludes: deliberate violati
Page 332 and 333:
33.c.(2) this section, the destruct
Page 334 and 335:
34.f.(3) w e e n a n d h o u r s on
Page 336 and 337:
35.e.(1) discharge, forfeiture of a
Page 338 and 339:
37.c.(2) the accused did not know t
Page 340 and 341:
37.f.(3) aircraft, vehicle, or inst
Page 342 and 343:
39.f.(1) (with ), using as weapons
Page 344 and 345:
41.f.(1) w i t h ( a n d ) ( a n d
Page 346 and 347:
43.c.(3)(b) members of the body, se
Page 348 and 349:
44.e. e. Maximum punishment. ( 1 )
Page 350 and 351:
44a.d.(2)(a) (a) Article 119a — k
Page 352 and 353:
45.a.(o)(1) had not attained the ag
Page 354 and 355:
45.a.(t)(12)(B) (B) that other pers
Page 356 and 357:
45.b.(3)(c) ble of appraising the a
Page 358 and 359:
45.b.(8)(c) stantially incapacitate
Page 360 and 361:
45.e.(2)(a) - (f) (2)(a) - (f) Rape
Page 362 and 363:
45.g.(2)(c) 16 years, by causing gr
Page 364 and 365:
45.g.(7)(b)(i) wit: against (him)(h
Page 366 and 367:
45.g.(14) indecent manner (his) (he
Page 368 and 369:
46.c.(1)(c)(ii) ( i i ) O w n e r .
Page 370 and 371:
46.c.(1)(h)(i) the general or speci
Page 372 and 373:
47.c.(3) (3) Fear. For a robbery to
Page 374 and 375:
48.f.(1) (1) Forgery—making or al
Page 376 and 377:
49.c.(13) ( 1 3 ) U p o n i t s p r
Page 378 and 379:
50.f. data, if required) on or abou
Page 380 and 381:
52.f.(1)(b) T h e a t e r ) ( , t h
Page 382 and 383:
54.c.(1)(b)(ii) r e a s o n a b l e
Page 384 and 385:
54.c.(4)(b)(ii) as when the victim
Page 386 and 387:
55.b.(1) ( 1 ) T h a t t h e a c c
Page 388 and 389:
57.b.(1)(c) (c) That the oath or af
Page 390 and 391:
58.b.(3) ( 3 ) M a k i n g o r u s
Page 392 and 393:
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 and 604: The Schooner Exchange v. McFaddon a
Page 605 and 606: 220 (C.M.A. 1979); United States v.
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: convening authority to avoid appoin
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:
USAPD ELECTRONIC PUBLISHING SYSTEM
show all

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

Create successful ePaper yourself

Delete template?

Save as template?