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Pun. Art. 92 APPENDIX 23 e. Maximum punishment. The maximum punishment for willful dereliction of duty was increased from 3 months to 6 months confinement and to include a bad-conduct discharge because such offenses involve a flaunting of authority and are more closely analogous to disobedience offenses. February 1986 Amendment: The rule was revised to add constructive knowledge as an alternative to the actual knowledge requirement in paragraph (b)(3)( b) and the related explanation in subparagraph c(3)(b). In reviewing these provisions, it was concluded that the reliance of the drafters of the 1984 revision on the Curtin case was misplaced because the portion of that case dealt with failure to obey under Article 92(2), not dereliction under Article 92(3). As revised, the elements and the explanation add an objective standard appropriate for military personnel. 17. Article 93— Cruelty and maltreatment c. Explanation. This paragraph is based on paragraph 172 of MCM, 1969 (Rev.); United States v. Dickey, 20 C.M.R. 486 (A.B.R. 1956). The phrase “subject to the Code or not” was added to reflect the fact that the victim could be someone other than a member of the military. The example of sexual harassment was added because some forms of such conduct are nonphysical maltreatment. 18. Article 94— Mutiny and sedition c. Explanation. This paragraph is taken from paragraph 173 of MCM, 1969 (Rev.). Subparagraph (1) is also based on United States v. Woolbright, 12 U.S.C.M.A. 450, 31 C.M.R. 36 (1961); United States v. Duggan , 4 U.S.C.M.A. 396, 15 C.M.R. 396 (1954). The reference in paragraph 173 of MCM, 1969 (Rev.) to charging failure to report an impending mutiny or sedition under Article 134 has been deleted in subparagraph (4). This is because such an offense was not listed in the Table of Maximum Punishments or elsewhere under Article 134 in that Manual. Article of War 67 included this offense, but Article 94 excludes it. The drafters of paragraph 173 of MCM, 1951 noted the change. To fill the gap they referred to Article 134. Instead, they should have referred to Article 92(3) because dereliction is the gravamen of the offense. 19. Article 95—Resistance, breach of arrest, and escape b. Elements. The elements listed for breaking arrest and escape from custody or confinement have been modified. Paragraph 174 b, c, and d of MCM, 1969 (Rev.) provided that the accused by “duly” placed in arrest, custody, or confinement. “Duly” was deleted from the elements of these offenses. Instead, the elements specify that the restraint be imposed by one with authority to impose it. This was done to clarify the meaning of the word “duly” and the burden of going forward on the issues of authority to order restraint and the legal basis for the decision to order restraint. “Duly” means “in due or proper form or manner, according to legal requirements.” Black’s Law Dictionary 450 (5th ed. 1979). See also United States v. Carson, 15 U.S.C.M.A. 407, 35 C.M.R. 379 (1965). Thus the term includes a requirement that restraint be imposed by one with authority to do so, and a requirement that such authority be exercised lawfully. Until 1969, the Manual also A23-6 provided that arrest, confinement, or custody which is “officially imposed is presumed to be legal.” Paragraph 174 of MCM, 1951. See also paragraph 157 of MCM, (Army), 1949, MCM (AF), 1949; paragraph 139 of MCM, 1928. In practical effect, therefore, the prosecution had only to present some evidence of the authority of the official imposing restraint to meet its burden of proof, unless the presumption of legality was rebutted by some evidence. See United States v. Delagado, 12 C.M.R. 651 (C.G.B.R. 1 9 5 3 ) . C f . U n i t e d S t a t e s v . C l a n s e y , 7 U . S . C . M . A . 2 3 0 , 2 2 C.M.R. 20 (1956); United States v. Gray, 6 U.S.C.M.A. 615, 20 C.M.R. 331 (1956). The drafters of MCM, 1969 (Rev.), deleted the presumption of legality. In their view the holding in United States v. Carson, supra, that this is a question of law to be decided by the military judge made such a presumption meaningless. Analysis of Contents, Manual for Courts-Martial, United States, 1969 (Revised edition), DA PAM 27–2, at 28–8. The drafters considered deleting “duly” as an element but did not because the prosecution must show that restraint was “duly” imposed. Id. The result left the implication that the prosecution must produce evidence of both the authority of the person imposing or ordering restraint, and the legality of that official’s decision in every case, whether or not the latter is contested. Given the dual meaning of the word “duly” and the reason for deleting the presumption of legality, it is unclear whether the drafters intended this result. Cf. United States v. Stinson, 43 C.M.R. 595 (A.C.M.R. 1970). “Duly” is replaced with the requirement that the person ordering restraint be proved to have authority to do so. This clarifies that proof of arrest, custody, or confinement ordered by a person with authority to do so is sufficient without proof of the underlying basis for the restraint (e.g., probable cause, legally sufficient nonjudicial punishment, risk of flight), unless the latter is put in issue by the defense. This is consistent with Article 95 which on its face does not require the restraint to be lawful (compare Article 95 with Articles 90–92 which prohibit violations of “lawful orders”—which orders are presumed lawful in the absence of evidence to the contrary. United States v. Smith, 21 U.S.C.M.A. 231, 45 C.M.R. 5 (1972)). This construction is also supported by j u d i c i a l d e c i s i o n s . S e e U n i t e d S t a t e s v . W i l s o n , 6 M . J . 2 1 4 (C.M.A. 1979); United States v. Clansey, supra; United States v. Yerger, 1 U.S.C.M.A. 288, 3 C.M.R. 22 (1952); United States v. Delgado, supra. Cf. United States v. Mackie, 16 U.S.C.M.A. 14, 36 C.M.R. 170 (1966); United States v. Gray, supra. But see United States v. Rozier, 1 M.J. 469 (C.M.A. 1976). This construction also avoids unnecessary litigation of a collateral issue and eliminates the necessity for the introduction of uncharged misconduct, except when the door is opened by the defense. Cf. United States v. Yerger, supra; United States v. Mackie, supra. 1991 Amendment: Subparagraph b(4) was amended by adding an aggravating element of post-trial confinement to invoke increased punishment for escapes from post-trial confinement. c. Explanation. (1) Resisting apprehension. (a) Apprehension. This subparagraph is taken from Article 7. (b) Authority to apprehend. See Analysis, R.C.M. 302(b). The last two sentences are based on paragraph 57 a of MCM, 1969 (Rev.); United States v. Carson, supra.
( c ) N a t u r e o f t h e r e s i s t a n c e . T h i s s u b p a r a g r a p h i s t a k e n from paragraph 174 a of MCM, 1969 (Rev.). (d) Mistake. This subparagraph is taken from paragraph 174 a of MCM, 1969 (Rev.). See also United States v. Nelson, 17 U.S.C.M.A. 620, 38 C.M.R. 418 (1968). ( e ) I l l e g a l a p p r e h e n s i o n . T h e f i r s t s e n t e n c e o f t h i s s u b - paragraph is taken from paragraph 174a of MCM, 1969 (Rev.). Although such a rule is not without criticism, see United States v. Lewis, 7 M.J. 348 (C.M.A. 1979); United States v. Moore, 483 F.2d 1361, 1364 (9th Cir.1973), it has long been recognized in military and civilian courts. John Bad Elk v. United States, 177 U.S. 529 (1900); paragraph 174 a of MCM, 1951. Cf. paragraph 157 of MCM (Army), 1949; MCM (AF), 1949; paragraph 139 of MCM, 1928; W. Winthrop, Military Law and Precedents 122 (2d ed. 1920 reprint). (Before 1951 resisting apprehension was not specifically prohibited by the Articles of War. Earlier references are to breaking arrest or escape from confinement.) The second sentence has been added to make clear that the issue of legality of an apprehension (e.g., whether based on probable cause or otherwise in accordance with requirements for legal sufficiency; see R.C.M. 302(e)) is not in issue until raised by the defense. United States v. Wilson, and United States v. Clansey, both supra. Cf. United States v. Smith, 21 U.S.C.M.A. 231, 45 C.M.R. 5 (1972). See also Analysis, paragraph 19 b. The presumption is a burden assigning device; it has no evidentiary weight once the issue is raised. Because the issue of legality is not an element, and because the prosecution bears the burden of establishing legality when the issue is raised, the problems of Mullaney v. Wilbur, 421 U.S. 684 (1975) and Turner v. United States, 396 U.S. 398 (1970) are not encountered. Cf. Patterson v. New York, 432 U.S. 197 (1977). The third sentence is based on United States v. Carson, supra. (2) Breaking arrest. (a) Arrest. This subparagraph has been added for clarity. (b) Authority to order arrest. See Analysis, R.C.M. 304(b); R.C.M. 1101; and paragraph 2, Part V. (c) Nature of restraint imposed by arrest. This subparagraph is based on paragraph 174 b of MCM, 1969 (Rev.). See also Analysis, paragraph 19 b. (d) Breaking. This subparagraph is based on paragraph 174 b of MCM, 1969 (Rev.). (e) Illegal arrest. The first sentence in this subparagraph is based on paragraph 174 b of MCM, 1969 (Rev.). The second sentence has been added to clarify that legality of an arrest (e.g., whether based on probable cause or based on legally sufficient nonjudicial punishment or court-martial sentence) is not in issue until raised by the defense. See Analysis, paragraphs 19 b and 19 c(1)(e). The third sentence is based onUnited States v. Carson, supra. (3) Escape from custody. ( a ) C u s t o d y . T h i s s u b p a r a g r a p h i s t a k e n f r o m p a r a g r a p h 174d of MCM, 1969 (Rev.). As to the distinction between escape from custody and escape from confinement,see United States v. Ellsey, 16 U.S.C.M.A. 455, 37 C.M.R. 75 (1966). But see United States v. Felty, 12 M.J. 438 (C.M.A. 1982). ( b ) A u t h o r i t y t o a p p r e h e n d . S e e A n a l y s i s , p a r a g r a p h 1 9 c(1)(b). ANALYSIS OF PUNITIVE ARTICLES Pun. Art. 95 (c) Escape. This cross-reference is based on paragraph 174 c of MCM, 1969 (rev.). (d) Illegal custody. The first sentence in this subparagraph is based on paragraph 174 b of MCM, 1969 (Rev.). The second sentence has been added to clarify that legality of custody (e.g., whether based on probable cause) is not in issue until raised by the defense. See Analysis, paragraphs 19 b and 19 c(1)(e ). The third sentence is based on United States v. Carson, supra. (4) Escape from confinement. (a) Confinement. See Article 9(a). See also Analysis, R.C.M. 305; R.C.M. 1101; and paragraph 5c, Part v. 1991 Amendment: Subparagraph c(4)(a) was amended to specify that escape from post-trial confinement is subject to increased punishment. (b) Authority to order confinement. See Analysis, R.C.M. 304(b); R.C.M. 1101; and paragraph 2, Part V. (c) Escape. This subparagraph is based on paragraph 174 c of MCM, 1969 (Rev.). See also United States v. Maslanich, 13 M.J. 611 (A.F.C.M.R. 1982). ( d ) S t a t u s w h e n t e m p o r a r i l y o u t s i d e c o n f i n e m e n t f a c i l i t y . This subparagraph is based on United States v. Silk, 37 C.M.R. 523 (A.B.r. 1966); United States v. Sines, 34 C.M.R. 716 (N.B.R. 1964). (e) Legality of confinement. This subparagraph is based on 174 a of MCM, 1969 (Rev.). The second sentence has been added to clarify that legality of confinement (e.g., whether based on probable cause or otherwise in accordance with requirements for legal sufficiency) is not in issue until raised by the defense. See Analysis, paragraphs 19 b and 19 c(1)(e). The third sentence is based on United States v. Carson, supra. 1991 Amendment: Subparagraphs e and f were amended to provide increased punishment for escape from post-trial confinement. The increased punishment reflects the seriousness of the offense and is consistent with other federal law. See 18 U.S.C. 751(a). 1998 Amendment: Subparagraphs a, b, c, and f were amended to implement the amendment to 10 U.S.C. §895 (Article 95, UCMJ) contained in section 1112 of the National Defense Authorization Act for Fiscal Year 1996, Pub. L. No. 104-106, 110 Stat. 186, 461 (1996). The amendment proscribes fleeing from apprehension without regard to whether the accused otherwise resisted apprehension. The amendment responds to the U.S. Court of Appeals for the Armed Forces decisions in United States v. Harris, 29 M.J. 169 (C.M.A. 1989), and United States v. Burgess, 32 M.J. 446 (C.M.A. 1991). In both cases, the court held that resisting apprehension does not include fleeing from apprehension, contrary to the then-existing explanation in Part IV, paragraph 19c.(1)(c), MCM, of the nature of the resistance required f o r r e s i s t i n g a p p r e h e n s i o n . T h e 1 9 5 1 a n d 1 9 6 9 M a n u a l s f o r Courts-Martial also explained that flight could constitute resisting apprehension under Article 95, an interpretation affirmed in the only early military case on point, United States v. Mercer, 11 C.M.R. 812 (A.F.B.R. 1953). Flight from apprehension should be expressly deterred and punished under military law. Military personnel are specially trained and routinely expected to submit to lawful authority. Rather than being a merely incidental or reflexive action, flight from apprehension in the context of the armed A23-7
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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
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60.a. be guilty, shall be taken cog
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61. 61. Article 134—(Abusing publ
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64.c.(6) intent to commit sodomy. A
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67.b.(2) the intent to defraud a ce
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68a.f.(2) culpable negligence) (whi
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72.b.(5) discipline in the armed fo
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76.f. w a s , ( a t / o n b o a r d
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79.c.(1) ing under a lawful oath or
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83.c.(1) tion of the custom of the
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89.b.(3) discipline in the armed fo
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93.f.(1) (1) Taking. In that (perso
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96a.b.(2) tain person against whom
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97a.c.(2) role, such as paying rest
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100a.f. f. Sample specification. In
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104.c.(2)(a) graph 38c applies to l
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108.c. charge of wrongful to testif
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110.f. ( a c c u s e o f h a v i n
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PART V NONJUDICIAL PUNISHMENT PROCE
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authority is considering the imposi
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(ii) correctional custody for not m
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(2) a subsequent period of active d
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o f a n y w r i t t e n m a t t e r
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Art. 1, § 5 APPENDIX 1 Section 6.
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Art. 2, § 3 APPENDIX 1 them, with
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Amdt. XII APPENDIX 1 number of Elec
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Amdt. XXV, § 1 APPENDIX 1 shall ta
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§ 802. Art. 2.(a)(4) APPENDIX 2 (4
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§ 809. Art. 9.(b) APPENDIX 2 o f h
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SUBCHAPTER IV. APPENDIX 2 Sec. Art.
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§ 825. Art. 25.(b)(2) APPENDIX 2 (
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§ 832. Art. 32.(b) APPENDIX 2 prov
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§ 839. Art. 39.(a) APPENDIX 2 this
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§ 847. Art. 47. APPENDIX 2 § 847.
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§ 854. Art. 54.(a) APPENDIX 2 the
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SUBCHAPTER IX. APPENDIX 2 Sec. Art.
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§ 864. Art. 64.(b)(2) APPENDIX 2 (
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§ 869. Art. 69.(e) APPENDIX 2 (e)
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§ 876b. Art. 76b.(a)(4)(C) APPENDI
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§ 886. Art. 86.(1) APPENDIX 2 ( 1
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§ 906a. Art. 106a.(a)(1) APPENDIX
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§ 919a. Art. 119a. APPENDIX 2 § 9
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§ 920. Art. 120.(t)(4)(C) APPENDIX
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§ 924. Art. 124.(2) APPENDIX 2 (2)
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§ 938. Art. 138. APPENDIX 2 court-
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§ 943. Art. 143.(b) APPENDIX 2 (b)
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Department of Defense DIRECTIVE APP
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MEMORANDUM OF UNDERSTANDING BETWEEN
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Page 493:
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Department of Justice determines th
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A4-2 APPENDIX 4
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A5-2 APPENDIX 5
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[ N o t e 8 . M e m b e r s m a y b
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A7-2 APPENDIX 7
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App. 8 APPENDIX 8 [Note 10. See R.C
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App. 8 APPENDIX 8 Election to be tr
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App. 8 APPENDIX 8 ACC: . Maximum pe
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App. 8 APPENDIX 8 A8-8 [Note 33. If
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App. 8 APPENDIX 8 AC: . MJ: Has any
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App. 8 APPENDIX 8 Assembly/prelimin
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App. 8 APPENDIX 8 Oath of witness [
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App. 8 APPENDIX 8 Out of court hear
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App. 8 APPENDIX 8 MJ: Which of thes
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App. 8 APPENDIX 8 GCM subject to re
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App. 8 APPENDIX 8 A8-22 MJ: The cou
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App. 9 APPENDIX 9 ACC: . Right to o
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App. 9 APPENDIX 9 SCM: Do you under
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App. 9 APPENDIX 9 SCM: By your plea
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App. 9 APPENDIX 9 Acceptance of gui
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App. 9 APPENDIX 9 Procedure if tota
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App. 9 APPENDIX 9 Entry on charge s
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a. Announcement of sentence APPENDI
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APPENDIX 12 MAXIMUM PUNISHMENT CHAR
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App. 12, Art. 120 This chart was co
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App. 13 APPENDIX 13 Receipt for rec
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App. 13 APPENDIX 13 Prior participa
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App. 13 APPENDIX 13 Note. If there
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App. 13 APPENDIX 13 I don’t know
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App. 13 APPENDIX 13 Instructions Th
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APPENDIX 14 GUIDE FOR PREPARATION O
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of the exhibit, as appropriate, as
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SSEs, Reporter’s Notes and Gestur
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Bench conferences and Article 39(a)
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GUIDE FOR PREPARATION OF RECORD OF
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A15-2 APPENDIX 15
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App. 16 APPENDIX 16 Deferment of co
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App. 16 APPENDIX 16 certain rights,
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App. 16 APPENDIX 16 thority who may
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App. 17 APPENDIX 17 Specification:
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App. 17 APPENDIX 17 Remissions; sus
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APPENDIX 18 Report of Proceedings t
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APPENDIX 18 A18-3
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APPENDIX 19 Waiver/Withdrawal of Ap
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APPENDIX 20 Waiver/Withdrawal of Ap
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APPENDIX 21 ANALYSIS OF RULES FOR C
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this analysis was drafted, the spec
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previous Manuals. It is defined to
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straint may be necessary to ensure
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The Schooner Exchange v. McFaddon a
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220 (C.M.A. 1979); United States v.
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4 1 C . M . R . 2 9 ( 1 9 6 9 ) . S
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inconsistent with Fed.R. Crim. P. 4
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and to act. See Article 9(e). See a
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e m a i n i n g p r e t r i a l c o
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after trial. It is the responsibili
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( i ) P r i n c i p a l s — p a r
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third paragraph of paragraph 34 d o
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Rule 406 Pretrial advice ( a ) I n
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convening authority to avoid appoin
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Function section 3-3.9(a) (1979). C
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Providing broad discovery at an ear
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(f); paragraph 117 b(11) of MCM, 19
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u n d e r c o n t r a c t t o t h e
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(1964). See also United States v. S
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M.J. 354 (C.M.A. 1983), the Court s
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lish the outlines of their responsi
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make rulings at a 43(c)(2) conferen
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emains. Trial may not proceed with
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language of Article 48 applies only
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document is true. In this sense, a
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and 25, and United States v. Jeanba
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estrict the power of the convening
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to a court-martial. Cf. Lee v. Unit
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(a) In general. Subsection (1) is b
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v. Greene, 20 U.S.C.M.A. 232, 43 C.
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stituted for “in their possession
Page 659 and 660:
least 16 years of age. The changes
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Cotten, 10 M.J. 260 (C.M.A. 1981);
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for in R.C.M. 918(a). But see Carro
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much information as the military ju
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e s t r i c t i o n , h a r d l a b
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the first of two “thresholds” b
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accused intended to affect national
Page 673 and 674:
erence to the percentage of agreeme
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subsection implements Article 58b,
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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
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President, remission or suspension
Page 685 and 686:
the first paragraph of paragraph 98
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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
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App. 22, M.R.E. 101(a) APPENDIX 22
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App. 22, M.R.E. 105 APPENDIX 22 sta
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App. 22, M.R.E. 301(b)(1) APPENDIX
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App. 22, M.R.E. 302 APPENDIX 22 the
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App. 22, M.R.E. 304(a) APPENDIX 22
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App. 22, M.R.E. 304(d)(3) APPENDIX
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App. 22, M.R.E. 304(h)(3) APPENDIX
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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 718 and 719: App. 22, M.R.E. 314(c) APPENDIX 22
Page 720 and 721: App. 22, M.R.E. 315(a) APPENDIX 22
Page 722 and 723: App. 22, M.R.E. 315(h) APPENDIX 22
Page 724 and 725: App. 22, M.R.E. 321(b)(2) APPENDIX
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 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 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 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 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
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which may properly or normally be e
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such as witness statements, investi
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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
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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
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ta), having been placed in (post-tr
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EXECUTIVE ORDER 13140 1999 AMENDMEN
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(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
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Executive Order 13365 of December 3
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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
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property (known to be occupied by)
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d i c t i o n d a t a , i f r e q u
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ANNEX Section 1. Part II of the Man
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a person other than the accused was
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person subject to this chapter who
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(ii) a threat — (I) to accuse any
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(i) That the accused engaged in a s
Page 883 and 884:
with or by a child or by another pe
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(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
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( 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
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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
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MCM, 2008 INDEX Subject Ref. Page S
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Page 918 and 919:
MCM, 2008 INDEX Subject Ref. Page T
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MCM, 2008 INDEX Subject Ref. Page C
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MCM, 2008 INDEX Subject Ref. Page R
Page 924 and 925:
MCM, 2008 INDEX Subject Court-marti
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MCM, 2008 INDEX Subject Ref. Page D
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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
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MCM, 2008 INDEX Subject Ref. Page H
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MCM, 2008 INDEX Subject Ref. Page j
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Page 948 and 949:
MCM, 2008 INDEX Subject Ref. Page M
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Page 952 and 953:
Page 954 and 955:
MCM, 2008 INDEX Subject Ref. Page M
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Page 958 and 959:
Page 960 and 961:
MCM, 2008 INDEX Subject Jurisdictio
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MCM, 2008 INDEX Subject Ref. Page G
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MCM, 2008 INDEX Subject Ref. Page I
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MCM, 2008 INDEX Subject Ref. Page U
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MCM, 2008 INDEX Subject Ref. Page W
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MCM, 2008 INDEX Subject Ref. Page O
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Part I Preamble Part II Rules for C
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