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

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

samhouston.army.mil
from samhouston.army.mil More from this publisher
18.08.2013 Views

EXECUTIVE ORDER 12550 AMENDMENTS TO THE MANUAL FOR COURTS-MARTIAL, UNITED STATES, 1984 By the authority vested in me as President by the Constitution of the United States and by Chapter 47 of Title 10 of the United States Code (Uniform Code of Military Justice), in order to prescribe amendm e n t s t o t h e M a n u a l f o r C o u r t s - M a r t i a l , U n i t e d S t a t e s , 1 9 8 4 , p r e s c r i b e d b y E x e c u t i v e O r d e r N o . 12473, as amended by Executive Order No. 12484, it is hereby ordered as follows: Section 1. Part II of the Manual for Courts-Martial, United States, 1984, is amended as follows: a. R.C.M. 707(a) is amended to read as follows: b. R.C.M. 805(b) is amended by c. R.C.M. 903(c)(3) is amended by d. R.C.M. 909 is amended e. R.C.M. 916(e)(3) is amended by f. R.C.M. 920(e)(2) is amended by g. R.C.M. 921(d) is amended by h. R.C.M. 922(b) is amended i. R.C.M. 1001 is amended j. R.C.M. 1003(b)(10)(B) is amended by k. R.C.M. 1004 is amended l. R.C.M. 1010 is amended m. R.C.M. 1106(b) is amended by n. R.C.M. 1114(c) is amended by Section 2. Part III of the Manual for Courts-Martial, United States, 1984, is amended as follows: a. Mil. R. Evid. 304 is amended as follows: b. Mil. R. Evid. 311 is amended as follows: c. Mil. R. Evid. 609(e) is amended by d. Mil. R. Evid. 804(a) is amended by Section 3. Part IV of the Manual for Courts-Martial, United States, 1984, is amended as follows: a. Paragraph 16 is amended b. Part IV is amended by inserting the following new paragraph after paragraph 30: c. Part IV is amended by adding the following new sentence at the end of paragraph 105e: Section 4. Part V of the Manual for Courts-Martial, United States, 1984, is amended as follows: Section 5. The amendments to Mil. R. Evid. 704, which were implemented on 10 April 1985 pursuant A25-2 APPENDIX 25 to Mil. R. Evid. 1102, are hereby rescinded; Provided, That this rescission shall not apply in the trial of any case in which arraignment occurred while such amendments were in effect. Section 6. These amendments shall take effect on 1 M a r c h 1 9 8 6 , w i t h r e s p e c t t o a l l c o u r t - m a r t i a l processes taken on and after that date: Provided, That nothing contained in these amendments shall be construed to invalidate any nonjudicial punishment p r o c e e d i n g , r e s t r a i n t , i n v e s t i g a t i o n , r e f e r r a l o f c h a r g e s , t r i a l i n w h i c h a r r a i g n m e n t o c c u r r e d , o r other action begun prior to that date, and any such restraint, investigation, referral of charges, trial, or other action may proceed in the same manner and with the same effect as if these amendments had not been prescribed; Provided further, That the amendments made in Rule for Court-Martial 1004(c) shall apply in the trial of offenses committed on or after 1 March 1986; Provided further, That nothing contained in these amendments shall be construed to i n v a l i d a t e a n y c a p i t a l s e n t e n c i n g p r o c e e d i n g c o n - d u c t e d p r i o r t o 1 M a r c h 1 9 8 6 , a n d a n y s u c h proceeding shall be completed and reviewed in the same manner and with the same effect as if these amendments had not been prescribed; Provided further, That amendments to Rule for Court-Martial 707(a) shall not apply to any condition on liberty imposed before 1 March 1986, and the effect of such a condition on liberty shall be considered under Rule for Court-Martial 707(a) as it existed before 1 March 1986; Provided further, That the amendments made in paragraph 16 of Part IV shall apply in trials of offenses committed on or after 1 March 1986; Provided further, That the amendments made in paragraph 30a of Part IV shall apply in the trials of offenses committed under Article 106a on or after 1 March 1986; And provided further, That the amendments made in paragraph 30a of Part IV authorizing capital punishment shall apply with respect to offenses under Article 106a committed on or after 1 March 1986. Section 7. The Secretary of Defense, on behalf of the President, shall transmit a copy of this Order to the Congress of the United States in accord with Section 836 of Title 10 of the United States Code.

THE WHITE HOUSE February 19, 1986 HISTORICAL EXECUTIVE ORDERS A25-3

THE WHITE HOUSE<br />

February 19, 1986<br />

HISTORICAL EXECUTIVE ORDERS<br />

A25-3

Hooray! Your file is uploaded and ready to be published.

Saved successfully!

Ooh no, something went wrong!