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

R.C.M. 307(c)(5)
j o i n t o f f e n s e s t h e p a r t i c i p a n t s m a y b e s e p a r a t e l y o r j o i n t l y
charged. However, if the participants are members of different
armed forces, they must be charged separately because their trials
must be separately reviewed. The preparation of joint charges is
discussed in subsection (c)(3) Discussion (H) (viii)(a) of this rule.
The advantage of a joint charge is that all accused will be tried at
one trial, thereby saving time, labor, and expense. This must be
weighed against the possible unfairness to the accused which may
result if their defenses are inconsistent or antagonistic. An accused
cannot be called as a witness except upon that accused’s
own request. If the testimony of an accomplice is necessary, the
accomplice should not be tried jointly with those against whom
the accomplice is expected to testify. See also Mil. R. Evid. 306.
See R.C.M. 603 concerning amending specifications.
See R.C.M. 906(b)(5) and (6) concerning motions to amend
specifications and bills of particulars.
(d) Harmless error in citation. Error in or omission
of the designation of the article of the code or other
statute, law of war, or regulation violated shall not
be ground for dismissal of a charge or reversal of a
conviction if the error or omission did not prejudicially
mislead the accused.
II-30
Rule 308. Notification to accused of charges
( a ) I m m e d i a t e c o m m a n d e r . T h e i m m e d i a t e c o m -
mander of the accused shall cause the accused to be
informed of the charges preferred against the accused,
and the name of the person who preferred the
charges and of any person who ordered the charges
to be preferred, if known, as soon as practicable.
Discussion
When notice is given, a certificate to that effect on the Charge
Sheet should be completed. See Appendix 4.
(b) Commanders at higher echelons. When the accused
has not been informed of the charges, commanders
at higher echelons to whom the preferred
charges are forwarded shall cause the accused to be
informed of the matters required under subsection
(a) of this rule as soon as practicable.
(c) Remedy. The sole remedy for violation of this
rule is a continuance or recess of sufficient length to
permit the accused to adequately prepare a defense,
and no relief shall be granted upon a failure to
comply with this rule unless the accused demonstrates
that the accused has been hindered in the
preparation of a defense.