| |
Paragraph |
| |
Page |
| Absence without leave: |
|
| |
|
| |
Entries in morning reports, as proof of |
97a |
| |
93 |
| |
Lesser included offense of desertion |
106 |
| |
105 |
| |
Table of maximum punishments not applicable to |
119d |
| |
113 |
| Accused: |
|
| |
|
| |
Character of |
99d |
| |
99 |
| |
Restraint of |
18 |
| |
15 |
| |
Right of, as a witness |
76b,
App. 1 |
| |
60,
152 |
| |
Rights of, in investigation |
43b |
| |
38 |
| |
Service of charges on |
66b |
| |
57 |
| |
Statement of, in investigation |
44b |
| |
39 |
| Accuser: |
|
| |
|
| |
As appointing authority |
53 |
| |
45 |
| |
As member of court-martial |
54a |
| |
56 |
| |
Preparation and forwarding of charges by |
25,
26,
33 |
| |
23,
26,
31 |
| |
Summary of evidence of |
30 |
| |
30 |
| Acquittal: |
|
| |
|
| |
Announcement of |
109 |
| |
107 |
| |
Form for special court-martial order--acquittal |
App. 23 |
| |
268 |
| Action by reviewing authority. (See Reviewing authority.) |
|
| |
|
| Administrative measures, distinguished from disciplinary punishment |
9 |
| |
7 |
| Admonition. (See Reprimand.) |
|
| |
|
| Allotments: |
|
| |
|
| |
Class F deductions |
26d,
124e |
| |
27,
119 |
| |
Shown on charge sheet |
26d |
| |
27 |
| Appointing authority (see also Appointment of courts-martial,
Reviewing authority): |
|
| |
|
| |
Charges, disposition of |
34-40 |
| |
32-36 |
| |
For general courts-martial |
38 |
| |
34 |
| |
For special courts-martial |
37,
38c |
| |
33,
35 |
| |
For summary courts-martial |
37,
38c |
| |
33,
35 |
| Appointment of courts-martial |
Ch. 8 |
| |
43 |
| |
Special orders appointing courts |
55,
App. 3 |
| |
47,
217 |
| Arguments |
90 |
| |
84 |
| Arrest (see also Confinement of accused prior to trial) |
Ch. 4 |
| |
15 |
| Articles of War: |
|
| |
|
| |
Function |
1b |
| |
1 |
| |
History of |
1b |
| |
1 |
| |
Reading and explaining to enlisted men |
6a,b |
| |
5,
6 |
| |
Training films, use of |
6b |
| |
6 |
| Authentication of records of trial |
128e,
129d |
| |
123,
124 |
| |
| Capital offenses, defined and listed |
58b |
| |
48 |
| Certificate of correction of record |
137a |
| |
129 |
| |
Form for |
App. 19 |
| |
263 |
| Challenges |
84 |
| |
77 |
| Character evidence. (See Witnesses.) |
|
| |
|
| Charges and specifications: |
|
| |
|
| |
Accuser's summary of evidence to accompany |
30 |
| |
30 |
| |
Allotments shown on charge sheet |
26d |
| |
27 |
| |
AW 104, disposing of by action under |
32,
33
35b |
| |
30,
31,
32 |
| |
Changing and correcting |
32,
36
66a |
| |
30,
33,
57 |
| |
Charge sheet, preparation of |
26 |
| |
26 |
| |
Commanding officer, action by |
Ch. 6 |
| |
32 |
| |
Dismissal of |
35a |
| |
32 |
| |
Drafting of |
25,
26 |
| |
23,
26 |
| |
Examples of |
25j |
| |
26 |
| |
Forwarding of |
31,
33,
38c |
| |
30,
31,
35 |
| |
Immediate commander of accused, action by |
32,
33 |
| |
30,
31 |
| |
Investigation of |
Ch. 7 |
| |
37 |
| |
By accuser before preferring charges |
23c,
30 |
| |
20,
30 |
| |
When not required |
38a |
| |
34 |
| |
When required |
38a |
| |
34 |
| |
Joint offenses |
24b,
27 |
| |
22,
28 |
| |
Multiplication of charges |
24b |
| |
22 |
| |
Oath necessary |
23c,
28 |
| |
20,
28 |
| |
Officer exercising general court-martial jurisdiction, action by |
38d |
| |
35 |
| |
Preparation, general rules and suggestions for |
24 |
| |
21 |
| |
Previous convictions, evidence of, should accompany |
29a |
| |
28 |
| |
Promptness in preparing |
23d |
| |
21 |
| |
Redrafting |
36 |
| |
33 |
| |
Reference to trial of |
37,
38d |
| |
33,
35 |
| |
Report on, by staff judge advocate |
38d |
| |
35 |
| |
Service on accused |
66b |
| |
57 |
| |
Several larcenies alleged in one specification |
25i |
| |
25 |
| |
Time standard for disposition of |
40 |
| |
36 |
| |
Under AW 96 |
2 |
| |
2 |
| |
Unsworn charges |
28 |
| |
28 |
| |
Who may prefer |
23 |
| |
20 |
| Chronology sheet: |
|
| |
|
| |
General court-martial, form of |
App. 2 |
| |
161 |
| |
Special court-martial, form of |
App. 3 |
| |
220 |
| Civilians: |
|
| |
|
| |
Jurisdiction of inferior courts over |
58a |
| |
48 |
| |
Punishment appropriate for |
125b |
| |
120 |
| |
Summary court, disposition of report of trial, in cases of |
141a |
| |
133 |
| Clemency |
77a,
116 |
| |
69,
111 |
| Commanding officers (see also Administrative measures;
Charges; Disciplinary punishment): |
|
| |
|
| |
Power to arrest or confine |
19 |
| |
16 |
| Common trials |
91b |
| |
85 |
| Commutation: |
|
| |
|
| |
Authority who may commute sentence |
138c |
| |
132 |
| |
Distinguished from mitigation |
138c |
| |
132 |
| Company punishment. (See Disciplinary punishment.) |
|
| |
|
| Confessions. (See Evidence.) |
|
| |
|
| Confinement (see also Accused; Arrest; Prisoners; Restriction to limits): |
|
| |
|
| |
As disciplinary punishment, not authorized |
14c |
| |
11 |
| |
Hard labor included in sentence of |
121a |
| |
115 |
| |
Forfeiture of pay during |
121d |
| |
116 |
| |
Pending trial |
18 |
| |
15 |
| |
Place of, designation of |
121e |
| |
116 |
| |
Sentences to |
121e |
| |
116 |
| Correctional measures, as substitute for punishment for minor offenses |
9 |
| |
7 |
| Corrective action on records of trial: |
|
| |
|
| |
Form for certificate of correction |
App. 19 |
| |
263 |
| |
Form of indorsement returning record for certificate of correction |
App. 18 |
| |
262 |
| |
Nature of |
137 |
| |
129 |
| Court-martial orders |
Ch. 19 |
| |
137 |
| |
Authentication |
144l |
| |
139 |
| |
Date |
144b |
| |
138 |
| |
Distribution list, special court-martial orders |
App. 25 |
| |
271 |
| |
Distribution of |
145 |
| |
139 |
| |
Form and contents |
144 |
| |
137 |
| |
Forms for court-martial orders: |
|
| |
|
| |
|
Promulgating sentence |
App. 2,
3,
22 |
| |
164,
221,
266 |
| |
|
Acquittal |
App. 23 |
| |
268 |
| |
|
Joint trial |
App. 24 |
| |
269 |
| |
|
Remitting unexecuted portion of sentence |
App. 26 |
| |
272 |
| |
|
Suspending unexecuted portion of sentence |
App. 27 |
| |
273 |
| |
|
Vacating suspension of sentence |
App. 28 |
| |
274 |
| |
|
Preparation of |
144 |
| |
137 |
| |
|
Rehearing, publication of charges and specifications on |
144o |
| |
139 |
| |
|
Remission, mitigation, and suspension, to be published in |
146 |
| |
140 |
| Courts-martial (see also General courts-martial; Member
of courts-martial; Special courts-martial; Summary courts-martial): |
|
| |
|
| |
Amendment of orders appointing |
55c |
| |
47 |
| |
Appointment of |
55a, b |
| |
47 |
| |
Classes of |
3c,
49 |
| |
3,
42 |
| |
Form for special orders appointing general court-martial |
App. 2 |
| |
195 |
| |
Form for special orders appointing special courts-martial |
App. 3 |
| |
217 |
| |
Jurisdiction of. (See Jurisdiction.) |
|
| |
|
| |
Nature of |
3b |
| |
3 |
| |
Seating of members |
83 |
| |
76 |
| |
Selection and qualification of members |
54c |
| |
46 |
| |
| Deductions, Class F: |
|
| |
|
| |
Excluded in determining forfeitures |
124c |
| |
119 |
| |
Shown on charge sheet |
26d |
| |
27 |
| Defense Counsel |
Ch. 11 |
| |
66 |
| |
Assistant defense counsel, detail of |
54b,
73 |
| |
47,
66 |
| |
Civilian counsel, use of |
73 |
| |
66 |
| |
Detail of, general and special courts-martial |
54b,
73 |
| |
46,
66 |
| |
Detail of military counsel of accused's own selection |
73 |
| |
66 |
| |
Duties of: |
|
| |
|
| |
|
After trial |
77 |
| |
69 |
| |
|
Before trial |
75 |
| |
67 |
| |
|
During trial |
76 |
| |
68 |
| Definitions: |
|
| |
|
| |
Accuser |
53a,
54a |
| |
45,
46 |
| |
Admission |
94 |
| |
88 |
| |
Appointing authority |
49 |
| |
43 |
| |
Arrest |
18c |
| |
15 |
| |
Articles of War |
1a |
| |
1 |
| |
Capital offense |
58a |
| |
48 |
| |
Charges |
23 |
| |
20 |
| |
Commanding officer |
19B,
34 |
| |
16,
32 |
| |
Confession |
94 |
| |
88 |
| |
Confinement |
18C |
| |
15 |
| |
Deposition |
68c |
| |
62 |
| |
Detached unit |
19b,
51b |
| |
16,
44 |
| |
Direct evidence |
82 |
| |
76 |
| |
Hearsay |
94a |
| |
88 |
| |
Indirect evidence |
92 |
| |
87 |
| |
Interlocutory question |
79e |
| |
72 |
| |
Law member |
80a |
| |
73 |
| |
Military justice |
1a |
| |
1 |
| |
Minor offense |
11 |
| |
8 |
| |
Officer |
54a |
| |
46 |
| |
President of court-martial |
79a |
| |
71 |
| |
Punitive articles |
1c |
| |
2 |
| |
Quorum |
83 |
| |
76 |
| |
Specification |
23 |
| |
20 |
| |
Stipulation |
68b |
| |
61 |
| |
Superior authority |
51c |
| |
44 |
| |
Witness for the prosecution |
54a |
| |
56 |
| Delay in disposition if charges |
40 |
| |
36 |
| Depositions: |
|
| |
|
| |
Use of, in general |
68c |
| |
62 |
| |
When admissible |
68c |
| |
62 |
| Desertion: |
|
| |
|
| |
Capital offense |
58b |
| |
48 |
| |
Intent, proof of by indirect evidence |
92 |
| |
87 |
| |
Table of maximum punishments not applicable to |
119d |
| |
113 |
| Detention of pay |
126 |
| |
121 |
| |
Not permitted under AW 104 |
7 |
| |
6 |
| Discharge, administrative |
7 |
| |
6 |
| |
For homosexuals |
7 |
| |
6 |
| |
Purposes of |
7 |
| |
6 |
| Disciplinary punishment |
Ch. 3 |
| |
8 |
| |
As previous conviction |
29c |
| |
29 |
| |
Form for company punishment book |
App. 6 |
| |
242 |
| |
Form for imposition of upon officer |
App. 5 |
| |
240 |
| Dismissal, mandatory punishment |
118 |
| |
112 |
| |
| Evidence (see also Witnesses) |
Ch. 4 |
| |
87 |
| |
Accuser's summary of |
30 |
| |
30 |
| |
Admissions against interest |
96 |
| |
90 |
| |
Authentication of writings |
98b |
| |
95 |
| |
Confessions |
94,
95 |
| |
88,
89 |
| |
|
Corpus delicti, independent evidence of necessary |
96b |
| |
91 |
| |
|
Proof of, oral and written |
95 |
| |
89 |
| |
|
Direct and indirect |
92 |
| |
87 |
| |
Documentary-- |
|
| |
|
| |
|
Introduction of |
97,
98 |
| |
93,
95 |
| |
|
Listing of on charge sheet |
26f |
| |
27 |
| |
Hearsay |
93 |
| |
87 |
| |
Morning reports as |
97a,
98d |
| |
93,
96 |
| |
|
Extract copies of, admissible when |
98d |
| |
96 |
| |
|
Hearsay entries in |
97b |
| |
93 |
| |
|
Proof of absence without leave by entries in |
97b |
| |
93 |
| |
Official writings |
97 |
| |
93 |
| |
|
Morning reports and other unit records as |
97a |
| |
93 |
| |
|
Personal knowledge,must be based on |
97b |
| |
93 |
| |
|
Proof of |
97d,
98d |
| |
95,
96 |
| |
Plea of guilty by accused, evidence of prima facie case required |
70 |
| |
64 |
| |
Service records as |
97c |
| |
94 |
| |
Value of property, proof of |
100 |
| |
100 |
| |
Witnesses, impeachment of |
99 |
| |
98 |
| |
Writings, proof of |
98 |
| |
95 |
| |
| Findings (see also Sentence) |
Ch. 15 |
| |
102 |
| |
Acquittals, announcement of |
109 |
| |
107 |
| |
Action by reviewing authority upon |
135 |
| |
127 |
| |
As to charges |
107 |
| |
106 |
| |
Content and form of |
105-108 |
| |
104-107 |
| |
Exceptions and substitutions |
105 |
| |
104 |
| |
Joint offenses |
108 |
| |
107 |
| |
Lesser included offenses, procedure in voting on |
106 |
| |
105 |
| |
Members, duties in voting on |
104 |
| |
103 |
| |
Number of votes required |
103 |
| |
102 |
| |
Previous convictions, evidence of read when |
109 |
| |
107 |
| |
Procedure in voting on |
102,
109 |
| |
102,
107 |
| Flight officers, forfeiture of pay, not authorized under
AW 104 |
14a |
| |
10 |
| Forfeitures: |
|
| |
|
| |
Computation, form of and policy as to |
124 |
| |
118 |
| |
Disciplinary power under AW 104
does not include |
14c |
| |
11 |
| |
Pay subject to |
124d |
| |
118 |
| Forms: |
|
| |
|
| |
Action of reviewing authority approving parts of findings and sentence |
App. 21 |
| |
265 |
| |
Action of reviewing authority approving sentence |
App. 2,
3,
4 |
| |
213,
226,
239 |
| |
Action of reviewing authority mitigating sentence |
App. 31 |
| |
277 |
| |
Certificate of correction |
App. 19 |
| |
263 |
| |
Charge Sheet |
App. 2,
3,
4 |
| |
171,
228,
236 |
| |
Chronology sheet, general court-martial |
App. 2 |
| |
161 |
| |
Chronology sheet, special court-martial |
App. 3 |
| |
220 |
| |
Company punishment book |
App. 6 |
| |
242 |
| |
Deposition by civilian witness |
App. 13 |
| |
252 |
| |
Disciplinary punishment, form for imposition of, upon officer |
App. 5 |
| |
240 |
| |
Distribution list of special court-martial orders |
App. 25 |
| |
271 |
| |
General court-martial order |
App. 2 |
| |
154 |
| |
Index of record of trial, general court-martial |
App. 2 |
| |
193 |
| |
Indorsement returning record for certificate of correction |
App. 2 |
| |
262 |
| |
Indorsement returning record for revision |
App. 20 |
| |
264 |
| |
Lesser included offenses, list of |
App. 8 |
| |
244 |
| |
Notice of convening of court |
App. 10 |
| |
249 |
| |
Order appointing general court-martial |
App. 2 |
| |
195 |
| |
Order appointing special court-martial |
App. 2 |
| |
227 |
| |
Procedure, trials before general and special courts-martial, outline of |
App. 1 |
| |
143 |
| |
Previous convictions, record of |
App. 2,
3 |
| |
216,
235 |
| |
Record of trial, general court-martial |
App. 2 |
| |
158 |
| |
Record of trial, special court-martial |
App. 3 |
| |
217 |
| |
Report of trial judge advocate as to result of trial |
App. 15 |
| |
258 |
| |
Special court-martial order |
App. 3,
22 |
| |
221,
266 |
| |
Special court-martial order, acquittal |
App. 23 |
| |
268 |
| |
Special court-martial order, joint trial |
App. 24 |
| |
269 |
| |
Special court-martial order remitting unexecuted portion of sentence |
App. 26 |
| |
272 |
| |
Special court-martial order vacating suspension of sentence |
App. 28 |
| |
274 |
| |
Special order appointing summary court-martial |
App. 9 |
| |
248 |
| |
Special order remitting sentence of summary court |
App. 29 |
| |
275 |
| |
Special order vacating sentence of summary court |
App. 30 |
| |
276 |
| |
Specifications, wrongful taking and conversion |
App. 7 |
| |
243 |
| |
Staff Judge Advocate's review |
App. 2 |
| |
166 |
| |
Stipulations |
App. 11,
12 |
| |
250,
251 |
| |
Subpoena |
App. 14 |
| |
256 |
| |
Summary court-martial, report of trial |
App. 4 |
| |
236 |
| |
Trial judge advocate, weekly report of |
App. 17 |
| |
261 |
| |
Vouchers, reporters |
App. 2 |
| |
190 |
| |
Vouchers, fees and mileage of civilian witness |
App. 16 |
| |
259 |
| |
| Garrison prisoners: |
|
| |
|
| |
Authority to remit or suspend sentences of |
138, 139, 142 |
| |
131, 132, 135 |
| |
Place of confinement for |
1213 |
| |
116 |
| |
Restoration to duty on movement overseas |
142d |
| |
136 |
| General article (AW 96), scope |
2 |
| |
2 |
| General courts-martial (see also Courts-martial) |
|
| |
|
| |
Action by reviewing authority, form for |
App. 2 |
| |
213 |
| |
Appointment of |
50,
55 |
| |
43,
47 |
| |
|
By accuser |
53a |
| |
45 |
| |
Jurisdiction |
57 |
| |
48 |
| |
Orders. (See Court-martial orders.) |
|
| |
|
| |
Records. (See Records of trial.) |
|
| |
|
| |
Reference for trial |
38d |
| |
35 |
| |
Time for bringing cases to trial before |
66b |
| |
57 |
| |
Who may appoint |
50 |
| |
43 |
| |
| Homosexuals, administrative discharge of |
7 |
| |
6 |
| |
| Inferior courts-martial (see also Special courts-martial;
Summary courts-martial): |
|
|
|
| |
Appointment of |
51,
52,
55 |
| |
43,
44,
47 |
| |
Jurisdiction of |
58,
59 |
| |
48,
49 |
| |
Policy regarding trial by |
37a |
| |
33 |
| Interlocutory questions: |
|
|
|
| |
Defined |
79e |
| |
72 |
| |
Ruling on by law member |
80c |
| |
73 |
| |
Ruling on by president |
79e |
| |
72 |
| Insanity, action when suspected |
39 |
| |
36 |
| Investigating officer. (See Investigation.) |
|
|
|
| Investigation: |
|
|
|
| |
By accuser before preferring charges |
23c |
| |
20 |
| |
Duties of investigating officer |
Ch. 7 |
| |
37 |
| |
Formal, when required |
38a |
| |
34 |
| |
Procedure |
42,
43,
44 |
| |
37,
38 |
| |
Recommendations by investigating officer |
46 |
| |
40 |
| |
Reports of investigating officer |
47 |
| |
40 |
| |
| Joint offenses: |
|
|
|
| |
Charges, preparation of |
24b,
27 |
| |
22,
28 |
| |
Court-martial order |
144n |
| |
139 |
| |
|
Form of, joint trial |
App. 24 |
| |
269 |
| |
Findings, form of |
108 |
| |
107 |
| |
Sentence, form of |
115 |
| |
110 |
| Joint trials |
91a |
| |
85 |
| Junior member of courts-martial, duties |
81 |
| |
74 |
| Jurisdiction of courts-martial (see also Courts-martial;
General courts-martial; Inferior courts-martial; Special courts-martial;
Summary courts-martial) |
56-59 |
| |
48-49 |
| |
| Larceny: |
|
|
|
| |
Specification alleging |
25j |
| |
26 |
| |
Wrongful taking distinguished from |
24a |
| |
21 |
| Law member. (See Findings; Sentences.) |
|
|
|
| |
Duties during trial |
80 |
| |
73 |
| |
Failure to appoint in general court-martial case, effect |
54b |
| |
46 |
| |
Not subject to peremptory challenge |
84f |
| |
79 |
| |
Presence at trial, necessity for |
80b |
| |
73 |
| |
Rulings on interlocutory questions |
80c |
| |
73 |
| Lesser included offenses: |
|
|
|
| |
Findings of, discussed |
106 |
| |
105 |
| |
List of |
App. 8 |
| |
244 |
| |
Reviewing authority's approval of part of findings including |
135 |
| |
127 |
| |
Form of action of reviewing authority |
App. 21 |
| |
265 |
| |
Recommendations of investigating officer concerning |
45b |
| |
39 |
| |
| Manual for Courts-Martial, authority for and function of |
4 |
| |
4 |
| Maximum punishments: |
|
|
|
| |
Disciplinary punishment, AW 104 |
14 |
| |
10 |
| |
Table of |
119 |
| |
113 |
| Members of courts-martial (see also Findings, Junior member;
Law member; President of courts-martial; Punishments; Sentences) |
Ch. 12 |
| |
71 |
| |
Accuser as |
54a |
| |
46 |
| |
Commissioned officers only may serve as |
54a |
| |
46 |
| |
Examination of witnesses by |
88f |
| |
83 |
| |
Experience and qualification |
54c |
| |
46 |
| |
Number of, to be detailed |
54b |
| |
46 |
| |
Witness for the prosecution as |
54a |
| |
46 |
| |
Women's Army Corps, detail in certain cases |
54c |
| |
46 |
| Military justice, definition and function of |
1 |
| |
1 |
| Minor offenses |
9,
11 |
| |
7,
8 |
| Mitigation: |
|
|
|
| |
Action of reviewing authority, form of |
App. 31 |
| |
277 |
| |
Authority to mitigate |
138 |
| |
131 |
| |
Distinguished from commutation |
138c |
| |
132 |
| |
Effect of |
138 |
| |
131 |
| |
Nature of |
138 |
| |
131 |
| |
Sentence, as mitigated, must be included in sentence imposed by court |
138d |
| |
132 |
| |
Sentence, as mitigated, must be such as court could have imposed |
138d |
| |
132 |
| Morning reports. (See Evidence.) |
|
|
|
| Motions. (See Pleas.) |
|
|
|
| |
| Noncommissioned officers: |
|
|
|
| |
Administrative proceedings to transfer or reduce for inefficiency |
8 |
| |
7 |
| |
Administrative reduction distinguished from punishment |
8 |
| |
7 |
| |
Effect of reduction on forfeitures |
124f |
| |
119 |
| |
Jurisdiction of summary courts-martial over |
59a |
| |
49 |
| |
| Oath: |
|
|
|
| |
To affidavit on charge sheet |
28 |
| |
28 |
| |
Witnesses at investigation |
44a |
| |
38 |
| Offenses: |
|
|
|
| |
Capital |
58b |
| |
48 |
| |
Lesser included |
45b,
106,
135 |
| |
39,
105,
127 |
| |
|
List of |
App. 8 |
| |
24 |
| |
Maximum punishments as to |
119 |
| |
113 |
| |
Minor |
9, 11, 24c, 35b |
| |
7,
8,
22,
32 |
| |
Wrongful taking and conversion, specification for, Form of |
App. 7 |
| |
243 |
| Officers: |
|
|
|
| |
Disciplinary punishment of, under AW 104 |
13,
15b |
| |
10,
13 |
| |
Dismissal of. (See Dismissal.) |
|
|
|
| |
Mandatory sentence in cases of |
118,
137b1 |
| |
112,
130 |
| |
Maximum punishment |
119b |
| |
113 |
| |
Reprimand in case of |
App. 5 |
| |
240 |
| |
Opening statements |
67d,
87 |
| |
61,
81 |
| Orders: |
|
|
|
| |
Court-martial.(See Court-martial orders.) |
|
|
|
| |
Special orders appointing courts |
55 |
| |
47 |
| |
Special orders in summary court-martial cases |
146 |
| |
140 |
| |
| Pay and allowances: |
|
|
|
| |
Amount of, to be shown on charge sheet |
26d |
| |
27 |
| |
Effect of reduction of noncommissioned officer |
124f |
| |
119 |
| |
Forfeiture of. (See Forfeitures.) |
|
|
|
| |
Subject to forfeiture |
124d |
| |
118 |
| Pleas and motions: |
|
|
|
| |
Guilty-- |
|
|
|
| |
|
Explanation of effect of plea of |
86c |
| |
81 |
| |
|
Right of accused to plead not guilty |
75d |
| |
68 |
| |
|
Taking evidence after |
88b |
| |
82 |
| |
Motion for findings of not guilty |
89 |
| |
84 |
| |
Special |
86b |
| |
80 |
| |
To the merits |
86c |
| |
81 |
| President of courts-martial (see also Findings; Sentences): |
|
|
|
| |
Challenges, duties in procedure on |
84d |
| |
78 |
| |
Duties before, during and after trial |
79 |
| |
71 |
| Previous convictions: |
|
|
|
| |
Certificate as to, should accompany charges |
29 |
| |
28 |
| |
Disciplinary punishment under AW 104 not considered as |
17c |
| |
14 |
| |
What convictions may be considered |
29b |
| |
29 |
| Punishments (see also Disciplinary punishments) |
Ch. 16 |
| |
109 |
| |
Authorized: |
|
|
|
| |
|
By general court-martial |
57c |
| |
48 |
| |
|
By special court-martial |
58c |
| |
49 |
| |
|
By summary court-martial |
59c |
| |
50 |
| |
Confinement at hard labor |
121 |
| |
115 |
| |
Detention of pay |
126 |
| |
121 |
| |
Fines |
125 |
| |
120 |
| |
Forfeitures |
121d,
124 |
| |
116,
118 |
| |
Hard labor without confinement |
122 |
| |
117 |
| |
Limitations as to |
117b,
119 |
| |
112,
113 |
| |
Mandatory |
118 |
| |
112 |
| |
Restriction to limits |
123 |
| |
117 |
| |
Substitution |
120 |
| |
114 |
| |
Table of maximum |
119 |
| |
113 |
| Punitive articles: |
|
|
|
| |
Defined |
1c |
| |
2 |
| |
Types of |
2 |
| |
2 |
| |
| Records of trial: |
|
|
|
| |
General courts-martial: |
|
|
|
| |
|
Arrangement |
App. 2 |
| |
158 |
| |
|
Authentication |
128e |
| |
123 |
| |
|
Copies of |
128a |
| |
122 |
| |
|
Correction of |
137 |
| |
129 |
| |
|
Examination by defense counsel |
77b |
| |
70 |
| |
|
Form and contents |
128c,
|
| |
122,
158 |
| |
|
Preparation of |
71b |
| |
65 |
| |
Special courts-martial: |
|
|
|
| |
|
Arrangement |
141b,
App. 3 |
| |
134,
217 |
| |
|
Authentication, correction and examination |
129d |
| |
124 |
| |
|
Copies of, number and disposition |
129a,
141b |
| |
124,
134 |
| |
|
Form and contents |
129c,
App. 3 |
| |
124,
217 |
| |
|
Preparation of |
71b |
| |
65 |
| |
Summary courts-martial: |
64, 130, 141a, App. 4 |
| |
54, 124, 133, 236 |
| Rehearing: |
|
|
|
| |
Court-martial order published after |
144o |
| |
139 |
| |
Not authorized when part of sentence approved |
136 |
| |
128 |
| |
Power to order |
136 |
| |
128 |
| Remission: |
|
|
|
| |
Effect of |
138a,
139 |
| |
131,
132 |
| |
Form for court-martial order remitting unexecuted portion of sentence |
App. 26 |
| |
272 |
| |
Garrison prisoners, policy as to remitting sentences of |
142d |
| |
136 |
| |
How accomplished after promulgation of sentence |
142c,
146 |
| |
136,
140 |
| |
Power to remit at time of approval of sentence |
138 |
| |
131 |
| |
Power to remit after promulgation of sentence |
142a,b |
| |
135, 135 |
| |
Publication in court-martial orders |
142c,
146 |
| |
136,
140 |
| |
Publication of in special orders |
142c,
146 |
| |
136,
140 |
| Reporter: |
|
|
|
| |
Appointment of civilian as |
128b,
129b |
| |
122,
124 |
| |
Compensation of |
128b |
| |
122 |
| |
Detail of enlisted men to serve as |
128b,
129b |
| |
122,
124 |
| |
General court-martial cases |
128b |
| |
122 |
| |
Special court-martial cases |
129b |
| |
124 |
| Reports of trial judge advocate: |
|
|
|
| |
On result of trial |
71a |
| |
65 |
| |
|
Form for |
App. 15 |
| |
258 |
| |
Weekly, to appointing authority |
72 |
| |
65 |
| |
|
Form for |
App. 17 |
| |
261 |
| Reprimand: |
|
|
|
| |
As disciplinary punishment |
14 |
| |
10 |
| |
|
Form for |
App. 5 |
| |
240 |
| |
Terms of, fixed by reviewing authority |
97 |
| |
93 |
| Restraint of accused |
18 |
| |
15 |
| Restriction to limits: |
|
|
|
| |
As disciplinary punishment |
14 |
| |
10 |
| |
As punishment |
123 |
| |
117 |
| Review by staff judge advocate, Form for |
App. 2 |
| |
166 |
| Reviewing authority (see also General courts-martial;
Special courts-martial; Summary courts-martial): |
|
|
|
| |
Acquittal, no action required on |
131 |
| |
126 |
| |
Action on findings |
135 |
| |
127 |
| |
Action on sentence signed in own hand |
140 |
| |
133 |
| |
|
Form for |
App. 2,
3,
4,
21 |
| |
213, 226, 239, 265 |
| |
Approval of sentence; necessity of |
131 |
| |
126 |
| |
Defined |
131 |
| |
126 |
| |
Disapproval of sentence |
134 |
| |
127 |
| |
Ordering execution of sentence |
139 |
| |
132 |
| |
Powers incident to power to approve sentence |
138 |
| |
131 |
| |
|
Mitigation |
138 |
| |
131 |
| |
|
Rehearing |
136 |
| |
128 |
| |
|
Remission |
138 |
| |
131 |
| |
|
Revision |
137 |
| |
129 |
| |
|
Suspension |
139 |
| |
132 |
| |
Powers of, after promulgation of sentence |
142 |
| |
135 |
| |
|
Remission |
142a |
| |
135 |
| |
|
Restoration to duty |
142d |
| |
136 |
| |
|
Suspension |
142a |
| |
135 |
| |
|
Vacation of suspension |
142a |
| |
135 |
| |
Reference to staff judge advocate |
132 |
| |
126 |
| Revision: |
|
| |
|
| |
Form for indorsement returning record for |
App. 20 |
| |
264 |
| |
Proceedings in |
137b |
| |
130 |
| |
| Sentences (see also Findings; Punishments) |
Ch. 16 |
| |
109 |
| |
Action of reviewing authority on. (See Reviewing authority.) |
|
| |
|
| |
Additional |
64 |
| |
54 |
| |
Announcement of |
16 |
| |
13 |
| |
Confinement. (See Confinement.) |
|
| |
|
| |
Effective date of |
63 |
| |
53 |
| |
Evidence of company punishment in determination of |
17b |
| |
13 |
| |
Form and contents |
114,
115,
124g |
| |
110,
119 |
| |
Forfeiture (See Forfeitures.) |
|
| |
|
| |
Mandatory |
118 |
| |
112 |
| |
Members, duties in voting on |
111 |
| |
109 |
| |
Method of voting on |
112 |
| |
110 |
| |
Number of votes required |
113 |
| |
110 |
| |
Ordering execution of |
139 |
| |
132 |
| Special court-martial orders. (See Court-martial orders.) |
|
|
|
| Special courts-martial: |
|
|
|
| |
Action by reviewing authority |
140 |
| |
133 |
| |
Appointment of |
51,
55 |
| |
43,
47 |
| |
|
Assistant trial judge advocate to serve on |
54b |
| |
46 |
| |
|
By accuser |
53a |
| |
45 |
| |
|
Reservation of power by superior authority |
51c |
| |
44 |
| |
|
Who may appoint |
51 |
| |
43 |
| |
Investigation in cases tried by |
38a |
| |
34 |
| |
Jurisdiction of |
58 |
| |
48 |
| |
Orders. (See Court-martial orders.) |
|
|
|
| |
Records. (See Records of trial.) |
|
|
|
| |
Reference for trial to |
37,
38d |
| |
33,
35 |
| |
|
Form for indorsement referring case for trial |
App. 3 |
| |
230 |
| Special orders: |
|
| |
|
| |
Appointing courts |
55 |
| |
47 |
| |
Remitting, suspending or vacating suspension of sentence by summary court |
142c,
146 |
| |
136,
140 |
| |
|
Form for, remitting part of sentence |
App. 29 |
| |
275 |
| |
|
Form for, vacating sentence |
App. 30 |
| |
276 |
| Specifications. (See Charges and specifications.) |
|
| |
|
| |
Copies of, to be prepared for members of court |
69b |
| |
64 |
| |
Correction of, by investigating officer |
42 |
| |
37 |
| |
Forms for, alleging wrongful taking |
App. 7 |
| |
243 |
| Stipulations: |
|
| |
|
| |
Amounting to a complete defense or admission of guilt |
68b |
| |
61 |
| |
As to facts |
68b,
App. 11 |
| |
61,
250 |
| |
As to testimony |
68b,
App. 12 |
| |
61,
251 |
| |
Should be entered into when |
68b |
| |
61 |
| Summary Court Officers (see also Summary courts-martial) |
Ch. 9 |
| |
51 |
| |
Accuser as |
54a |
| |
46 |
| |
Conduct of trial |
63 |
| |
53 |
| |
Duties before trial |
62 |
| |
52 |
| |
Duties respecting record of trial |
64 |
| |
54 |
| |
Not subject to challenge |
84a |
| |
77 |
| |
Qualifications to be possessed by |
54c,
61 |
| |
46,
61 |
| |
Witnesses for prosecution as |
54a |
| |
46 |
| Summary courts-martial: |
|
|
|
| |
Action for reviewing authority on-- |
|
|
|
| |
|
Form of |
140 |
| |
133 |
| |
|
In general |
131 |
| |
126 |
| |
|
Subsequent to promulgation of sentence |
142 |
| |
135 |
| |
Appointment of summary courts-martial |
52,
55,
61 |
| |
44,
47,
51 |
| |
Jurisdiction |
59 |
| |
49 |
| |
Orders in, remitting, mitigating, or suspending sentence |
142c,
146 |
| |
136,
140 |
| |
|
Copies of |
64,
141a |
| |
54,
133 |
| |
|
Corrective action on |
137 |
| |
129 |
| |
|
Filing |
141a |
| |
139 |
| |
|
Numbering |
141a |
| |
133 |
| |
|
Preparation of |
64 |
| |
54 |
| |
|
Transmittal of-- |
|
|
|
| |
|
To reviewing authority |
64,
130 |
| |
54,
124 |
| |
|
To officer exercising general court-martial jurisdiction |
141a |
| |
133 |
| |
|
To The Adjutant General |
37 |
| |
33 |
| |
Reference for trial |
37 |
| |
33 |
| Suspension of sentence: |
|
|
|
| |
Power, in general, who may exercise-- |
|
|
|
| |
|
At time of approval of sentence |
131 |
| |
126 |
| |
|
After promulgation of sentence |
142b |
| |
135 |
| |
Restoration to duty |
142d |
| |
136 |
| |
Vacation of |
142a,
146 |
| |
135,
140 |
| |
| Training films, as substitute for reading Articles of War |
6b |
| |
6 |
| Trial judge advocate (see also Court-martial records;
Trial procedure) |
Ch. 10 |
| |
56 |
| |
Arranging for time and place of trial |
69 |
| |
64 |
| |
Assistant trial judge advocates-- |
|
|
|
| |
|
Detail of |
54b,
65 |
| |
46,
56 |
| |
|
Duties of |
65b,
88b |
| |
56,
82 |
| |
Disclosure of grounds of challenge by |
84b |
| |
77 |
| |
Duties before trial |
66 |
| |
57 |
| |
Duties during trial |
70 |
| |
64 |
| |
Duties respecting record of trial |
71 |
| |
65 |
| |
Preparation of case for trial |
67 |
| |
58 |
| |
Reports by |
71a,
72 |
| |
65 |
| |
|
Forms for |
15,
17 |
| |
11,
13 |
| |
Serving charges upon accused by |
66b |
| |
57 |
| Trial procedure (see also Evidence; Findings; Sentence;
Summary court officers; Punishments) |
Ch. 13 |
| |
76 |
| |
Adjournment |
116 |
| |
111 |
| |
Arguments |
90 |
| |
85 |
| |
Calling and qualifying of witnesses |
88b |
| |
82 |
| |
Challenges, procedure and voting on |
84 |
| |
77 |
| |
Clemency |
116 |
| |
111 |
| |
Examination and cross-examination of witnesses |
84d, e |
| |
83 |
| |
Introduction of evidence |
88,
98e |
| |
82,
97 |
| |
Objections |
88g |
| |
83 |
| |
Opening statements |
87 |
| |
81 |
| |
Order of testimony |
88c |
| |
83 |
| |
Pleas |
86 |
| |
80 |
| Trials: |
|
|
|
| |
Common |
91b |
| |
85 |
| |
Joint |
91a |
| |
85 |
| |
| Value: |
|
|
|
| |
Allegation of in specification |
25b |
| |
24 |
| |
Proof of |
100 |
| |
100 |
| Warrant officers: |
|
|
|
| |
Forfeiture of pay, out authorized under
AW 104 |
14a |
| |
10 |
| |
Jurisdiction of special court-martial over |
58a |
| |
48 |
| |
Not "officers" |
54a |
| |
46 |
| Witnesses: |
|
|
|
| |
Accused, character of |
99d |
| |
99 |
| |
Attendance of, at investigation |
43,
44a |
| |
37,
38 |
| |
Attendance of, at trial |
68 |
| |
61 |
| |
Character, proof of |
99c |
| |
99 |
| |
Data as to, shown on charge sheet |
26f |
| |
27 |
| |
Examination and cross-examination of |
88 |
| |
82 |
| |
Impeachment of |
99 |
| |
98 |
| |
Questions as to identity of accused |
88b |
| |
82 |
| Women's Army Corps, detail of on courts-martial |
54c |
| |
46 |
| Wrongful taking of property: |
|
|
|
| |
Distinguished from larceny and embezzlement |
24a |
| |
21 |
| |
Lesser included offense of larceny |
106 |
| |
105 |
| |
Specifications alleging |
App. 7 |
| |
243 |
