This pamphlet supersedes DA Pamphlet 27-9, 10 September 2014.
DA PAM 27–9 • 29 February 2020
i
UNCLASSIFIED
Headquarters
Department of the Army
Washington, DC
29 February 2020
Department of the
Army Pamphlet 27–9
Legal Services
Military Judges’ Benchbook
History. This publication is a major
revision.
Summary. This pamphlet sets forth
pattern
instructions
and
suggested
procedures applicable to trials by general
and special court-martial. It has been
prepared primarily to meet the needs of
military judges. It is also intended as a
practical guide for counsel, staff judge
advocates,
commanders,
legal
specialists, and others engaged in the
practice and administration of military
justice.
Applicability. This pamphlet applies
to the Regular Army, the Army National
Guard/Army National Guard of the
United States, and the U.S. Army
Reserve.
Proponent
and
exception
authority. The proponent of this
pamphlet is The Judge Advocate
General. The proponent has the
authority to approve exceptions to this
publication that are consistent with
controlling law and regulation. The
proponent may delegate this approval
authority, in writing, to a division chief
within the proponent agency in the grade
of colonel or the civilian equivalent.
Suggested improvements. Users
are invited to send comments and
suggested improvements on DA FormDA FormDepartment of the Army form
2028
(Recommended
Changes
to
Publications and Blank Forms) directly
to the Office of the Chief Trial Judge,
U.S. Army Legal Services Agency
(JALS-TJ), 9725 Gunston Road, Fort
Belvoir, VA 22060-5546.
Distribution. This publication is
available in electronic media only and is
intended for command levels of the
Regular Army, the Army National
Guard/Army National Guard of the
United States, and the United States
Army Reserve.
CONTENTS (by paragraph and page number)
CHAPTER 1: INTRODUCTION .............................. 1
1–1. Purpose And Scope. .................................................... 2
1–2. Necessity For Tailoring. ............................................... 4
1–3. Elements Of Offenses. ................................................. 4
1–4. Other Instructions. ........................................................ 5
1–5. References. .................................................................. 6
CHAPTER 2: TRIAL PROCEDURE AND
INSTRUCTIONs ..................................................... 7
SECTION I: INITIAL SESSION THROUGH
ARRAIGNMENT ........................................................... 8
2–1. Procedural Guide For Article 39(A) Session ................ 8
2–1–1. Rights To Counsel ................................................... 9
2–1–2. Forum Rights (Special Court-Martial Consisting Of A
Military Judge Alone) .................................................. 12
2–1–3. Forum Rights (General And Special Courts-Martial
Referred On Or After 1 January 2019) ....................... 14
2–1–4. Forum Rights (General And Special Courts-Martial
Referred Prior To 1 January 2019) ............................. 17
2–1–5. Sentencing Rights .................................................. 19
2–1–6. Arraignment ........................................................... 20
SECTION II: GUILTY PLEA INQUIRY .............................. 22
2–2–1. Guilty Plea Introduction .......................................... 22
2–2–2. Stipulation Of Fact Inquiry ...................................... 23
2–2–3. Guilty Plea Factual Basis ....................................... 25
2–2–4. Maximum / Minimum Punishment Inquiry .............. 27
2–2–5. If No Plea Agreement Or Pretrial Agreement
Exists ........................................................................... 28
2–2–6. Pretrial Agreement (Judge Alone) .......................... 28
2–2–7. Pretrial Agreement (Members) ............................... 31
2–2–8. Plea Agreement ...................................................... 34
2–2–9. Acceptance Of Guilty Plea ..................................... 37
SECTION III: JUDGE ALONE (CONTESTED FINDINGS) 42
2–3–1. Trial Proceeds With Government Case .................. 42
2–3–2. Trial Resumes With The Defense Case, If Any ...... 42
2–3–3. Rebuttal And Surrebuttal, If Any ............................. 42
2–3–4. Announcement Of Findings .................................... 43
Section Iv: Judge Alone (Sentencing) ................................ 44
2–4–1. Post-Trial And Appellate Rights Advice .................. 46
2–4–2. Announcement Of Sentence .................................. 47
SECTION V: COURT MEMBERS (CONTESTED) ............ 48
2–5. Preliminary Instructions .............................................. 48
2–5–1. Voir Dire .................................................................. 53
2–5–2. Individual Voir Dire ................................................. 57
2–5–3. Challenges.............................................................. 57
2–5–4. Announcement Of Plea .......................................... 60
2–5–5. Trial On Merits ........................................................ 61
2–5–6. Trial Resumes With Defense Case, If Any ............. 62
2–5–7. Rebuttal And Surrebuttal, If Any ............................. 62
2–5–8. Discussion Of Findings Instructions ....................... 62
2–5–9. Prefatory Instructions On Findings ......................... 63

The procedural guides and instructions in this chapter are intended for use in any non-capital case to which a military judge (MJ) has been detailed. In addition to serving as a procedural guide for contested and uncontested trials, this chapter provides the majority of standard, nonevidentiary instructions on findings and sentencing. The order in which the procedural and instructional guides appear generally correspond with the point in the trial when the particular wording or instruction is needed or is otherwise appropriate. The NOTEs must be carefully reviewed to help determine the applicability of the surrounding procedural guides and instructions.

JANUARY 2019 3–1–1. PRINCIPALS–AIDING, ABETTING, COUNSELING, COMMANDING, OR PROCURING (ARTICLE 77)

AFTER 1 JANUARY 2019 3A–1–1. PRINCIPALS–AIDING, ABETTING, COUNSELING, COMMANDING, OR PROCURING (ARTICLE 77)

The procedural guides and instructions in this chapter outline the sequence of events normally followed in a case that has been referred capital on or after 1 January 2019. If charges were referred in a capitally-referred case before 1 January 2019, refer to prior versions of Chapter 8. In addition to serving as a procedural guide in a capital case, this chapter provides the majority of standard, non-evidentiary instructions on findings and sentencing in a capital case. The order in which the guides and instructions appear generally corresponds with the point in the trial when the particular wording or instruction is needed or is otherwise appropriate. The NOTEs must be carefully reviewed to help determine the applicability of the surrounding procedural guides and instructions.

Instructions Checklists for contested cases are located at Appendix B-1 (Mental Responsibility Not in Issue) and Appendix B-2 (Mental Responsibility in Issue). APPENDIX B–1. INSTRUCTIONS CHECKLIST (MENTAL RESPONSIBILITY NOT IN ISSUE) Instructions checklist for cases with mental responsibility in issue is Appendix B-2. Instructions Checklist-Mental Responsibility Is NOT In Issue: I. INTRODUCTORY (As Required) () Preliminary Instructions (2-5 to 2-5-4) () Joint Offenders (7-2) () Absent Accused (2-7-23) () Elements of Offenses (Chap 3, 3a) () Vicarious Liability (7-1) () ___ () ___ II. DURING TRIAL (As Required) () Stipulation of Fact (7-4-1) () Stipulation of Expected Testimony (7-4-2) () Expert Testimony (7-9-1) () Prior Inconsistent Statement (7-11-1) () Prior Consistent Statement (7-11-2) () Other Crimes, Wrongs, or Acts (7-13-1) () Prior Conviction to Impeach (7-13-2) () Past Sexual Behavior of Sex Victim (7-14) () Have You Heard Questions to Impeach Opinion (7-18) () Comment on Rights to Silence or Counsel (2-7-20) () Views and Inspections (2-7-22) () Confessions and Admissions (4-1) () ___ III. FINDINGS (Mental Responsibility NOT an Issue) A. () Prefatory Instructions (2-5-9) B. () Elements of Offenses (Chap 3 and/or Chap 3a) () CH/SP ___ LIO ____ () CH/SP ____ LIO ___ () CH/SP ___ LIO ____ () CH/SP ____ LIO ___ C. () Terms having special legal significance. () Divers Occasions (7-25) () Brain Death (7-24) () ____ D. () Vicarious Liability (7-1) () Aider and Abettor (7-1-1) () Counseling, Commanding, Procuring (7-1-2) () Causing an Act to be Done (7-1-3) () Liability of Co-conspirators (7-1-4) E () Joint Offenders (7-2) F. Special and Other Defenses () Self-Defense (5-2) () Homicide/Aggravated Assault (5-2-1) () Non-Aggravated Assault (5-2-2) () Assault as LIO (5-2-3) () Homicide/Unintended Death (5-2-4) () Excessive Force to Deter (5-2-5) () Other Instructions-Self-Defense (5-2-6) () ___ () ___ () ___ () Defense of Another (5-3) () Homicide/Aggravated Assault (5-3-1) () Assault/Battery (5-3-2) () Homicide/Agg Assault plus LIO (5-3-3) () Accident (5-4) () Duress (Compulsion or Coercion) (5-5) () Entrapment (5-6) () Defense of Property (5-7) () Obedience to Orders (5-8) () Unlawful Order (5-8-1) () Lawful Orders (5-8-2) () Physical Impossibility (5-9-1) () Physical Inability (5-9-2) () Financial and Other Inability (5-10) () Ignorance or Mistake of Fact (5-11) () Specific Intent/Knowledge (5-11-1) () General Intent (5-11-2) () Article 134 Check Offenses (5-11-3) () Drug Offenses (5-11-4) () Voluntary Intoxication (5-12) () Alibi (5-13) () Voluntary Abandonment (5-15) () Parental Discipline (5-16) () Evidence Negating Mens Rea (5-17) () Claim of Right (5-18) () Causation-Lack of (5-19) () Justification (5-20) () Automatism (5-21) () ___ G. Pretrial Statements () Pretrial Statements of Accused (Chap 4) H. Evidentiary and other instructions () Circumstantial Evidence (7-3) () Circumstantial Evidence to Prove Intent () Circumstantial Evidence to Prove Knowledge () Stipulation of Fact (7-4-1) () Stipulation of Expected Testimony (7-4-2) () Depositions (7-5) () Judicial Notice (7-6) () Credibility of Witness (7-7-1) () Eyewitness Identification (7-7-2) () Character Evidence-Accused (7-8-1) () Character Evidence-Victim (7-8-2) () Character for Untruthfulness (7-8-3) () Expert Testimony (7-9-1) () Accomplice Testimony (7-10) () Prior Inconsistent Statement (7-11-1) () Prior Consistent Statement (7-11-2) () Accused Not Testifying (7-12) () Other Crimes, Wrongs, or Acts (7-13-1) () Prior Conviction to Impeach (7-13-2) () Past Sexual Behavior of Sex Victim (7-14) () Variance-Findings by Exceptions and Substitutions (7-15) () Variance-Value, Damage, or Amount (7-16) () Spillover (7-17) () Have you Heard Questions to Impeachment Opinion (7-18) () Witness under Grant of Immunity (7-19) () Chain of Custody (7-20) () Privilege (7-21) () False Exculpatory Statements (7-22) () Closed Trial Sessions (7-23) () Brain Death (7-24) () Divers Occasions (7-25) () Witness Opinion on Credibility or Guilt (7-26) () ____ I. () Closing Substantive Instructions on Findings (2-5-12) J. () Argument by Counsel (2-5-13) K. () Procedural Instructions on Findings (2-5-14) L. () Reconsideration of Findings (2-7-14) M. () Excusal Instruction - NO SENTENCING PROCEEDINGS (end of 2-5-16.) IV. SENTENCING (2-5-21 through 2-5-23) (2-6-1 through 2-6-11) () Offenses considered one for sentencing () Article 58a () Pretrial confinement credit () Article 58b () 58b clemency powers by CA () Fine () Punitive discharge - vested benefits () Summary of evidence in extenuation/mitigation (2-5-23) () Accused not testifying () Accused and/or victim not testifying under oath () Scope unsworn statement () Effect of guilty plea () Mendacity () Rehabilitative potential () Defense retention evidence () Rebuttal of defense retention evidence () Pretrial punishment as mitigation () Argument for specific sentence () Members’ clemency request (2-7-16 and 2-7-17) () Relative severity of sentence (2-7-15) () “Hung Jury” instruction (2-7-18) () Credit for Article 15 punishment (2-7-21) () ___ () Concluding sentencing instructions (2-5-24) (2-6-12) () Reconsideration of Sentence (2-7-19) V. EXCUSING MEMBERS. Give Excusal Instruction at 2-5-26 (Members-Contested) or 2-6-14 (Members-Sentencing Only) APPENDIX B–2. INSTRUCTIONS CHECKLIST (MENTAL RESPONSIBILITY IN ISSUE) Instructions checklist for cases with mental responsibility not in issue is Appendix B-1. Instructions Checklist-Mental Responsibility IS In Issue: I. INTRODUCTORY (As Required) () Preliminary Instructions (2-5 to 2-5-4) () Joint Offenders (7-2) (___) Absent Accused (2-7-23) () Elements of Offenses (Chap 3, 3a) () Vicarious Liability (7-1) () Preliminary Instruction on Insanity (6-3) () ___ () ___ II. DURING TRIAL (As Required) () Stipulation of Fact (7-4-1) () Stipulation of Expected Testimony (7-4-2) () Expert Testimony (7-9-1) () Prior Inconsistent Statement (7-11-1) () Prior Consistent Statement (7-11-2) () Other Crimes, Wrongs, or Acts (7-13-1) () Prior Conviction to Impeach (7-13-2) () Past Sexual Behavior of Sex Victim (7-14) () Have You Heard Questions to Impeach Opinion (7-18) () Comment on Rights to Silence or Counsel (2-7-20) () Views and Inspections (2-7-22) () Confessions and Admissions (4-1) () Preliminary instruction on insanity (6-3) () ____ III. FINDINGS (Mental Responsibility IS an Issue) A. () Prefatory Instructions (2-5-9) B. () Elements of Offenses (Chap 3 and/or Chap 3a) () CH/SP ____ LIO ___ () CH/SP ___ LIO ____ () CH/SP ____ LIO ___ () CH/SP ___ LIO ____ C. () Terms having special legal significance. () Divers Occasions (7-25) () Brain Death (7-24) () ___ D. () Vicarious Liability (7-1) () Aider and Abettor (7-1-1) () Counseling, Commanding, Procuring (7-1-2) () Causing an Act to be Done (7-1-3) () Liability of Co-conspirators (7-1-4) E. () Joint Offenders (7-2) F. Special and Other Defenses () Self-Defense (5-2) () Homicide/Aggravated Assault (5-2-1) () Non-Aggravated Assault (5-2-2) () Assault as LIO (5-2-3) () Homicide/Unintended Death (5-2-4) () Excessive Force to Deter (5-2-5) () Other Instructions-Self-Defense (5-2-6) () ____ () ____ () ____ () Defense of Another (5-3) () Homicide/Aggravated Assault (5-3-1) () Assault/Battery (5-3-2) () Homicide/Agg Assault plus LIO (5-3-3) () Accident (5-4) () Duress (Compulsion or Coercion) (5-5) () Entrapment (5-6) () Defense of Property (5-7) () Obedience to Orders (5-8) () Unlawful Order (5-8-1) () Lawful Orders (5-8-2) () Physical Impossibility (5-9-1) () Physical Inability (5-9-2) () Financial and Other Inability (5-10) () Ignorance or Mistake of Fact (5-11) () Specific Intent/Knowledge (5-11-1) () General Intent (5-11-2) () Article 134 Check Offenses (5-11-3) () Drug Offenses (5-11-4) () Voluntary Intoxication (5-12) () Alibi (5-13) () Voluntary Abandonment (5-15) () Parental Discipline (5-16) () Evidence Negating Mens Rea (5-17 – See NOTEs to 5-17) () Claim of Right (5-18) () Causation-Lack of (5-19) () Justification (5-20) () Automatism (5-21) () ____ G. Pretrial Statements () Pretrial Statements of Accused (Chap 4) H. Defense of Lack of Mental Responsibility () Preliminary Instructions on Sanity (6-3) () Mental Responsibility at Time of Offense (6-4) () Partial Mental Responsibility (6-5) () Expert Testimony (7-9-1) () Evaluation of Testimony (6-6) I. Evidentiary and Other Instructions () Circumstantial Evidence (7-3) () Circumstantial Evidence to Prove Intent () Circumstantial Evidence to Prove Knowledge () Stipulation of Fact (7-4-1) () Stipulation of Expected Testimony (7-4-2) () Depositions (7-5) () Judicial Notice (7-6) () Credibility of Witness (7-7-1) () Eyewitness Identification (7-7-2) () Character Evidence-Accused (7-8-1) () Character Evidence-Victim (7-8-2) () Character for Untruthfulness (7-8-3) () Expert Testimony (7-9-1) () Accomplice Testimony (7-10) () Prior Inconsistent Statement (7-11-1) () Prior Consistent Statement (7-11-2) () Accused Not Testifying (7-12) () Other Crimes, Wrongs, or Acts (7-13-1) () Prior Conviction to Impeach (7-13-2) () Past Sexual Behavior of Sex Victim (7-14) () Variance-Findings by Exceptions and Substitutions (7-15) () Variance-Value, Damage, or Amount (7-16) () Spillover (7-17) () Have you Heard Questions to Impeachment Opinion (7-18) () Witness Under Grant of Immunity (7-19) () Chain of Custody (7-20) () Privilege (7-21) () False Exculpatory Statements (7-22) () Closed Trial Sessions (7-23) () Brain Death (7-24) () Divers Occasions (7-25) () Witness Opinion on Credibility or Guilt (7-26) () ____ J. () Closing Substantive Instructions on Findings (2-5-12) K. Argument by Counsel (2-5-13) L. () Procedural Instructions on Findings (Mental Responsibility in Issue) (6-7) M. () Reconsideration of Findings (2-7-14) N () Excusal Instruction - NO SENTENCING PROCEEDINGS (end of 2-5-16) IV. SENTENCING A. () Argument or Request for Punitive Discharge Inquiry (2-7-26) B. () Argument by Counsel) C. Sentence Instructions (2-5-21 through 2-5-23) (2-6-1 through 2-6-11) () Offenses considered one for sentencing () Article 58a () Pretrial confinement credit () Article 58b () 58b clemency powers by CA () Fine () Punitive discharge - vested benefits () Summary of evidence in extenuation/mitigation () Mental responsibility sentencing factors (6-9) () Accused not testifying () Accused and/or victim not testifying under oath () Scope unsworn statement () Effect of guilty plea () Mendacity () Rehabilitative potential () Defense retention evidence () Rebuttal of defense retention evidence () Pretrial punishment as mitigation () Argument for specific sentence () Members’ clemency request (2-7-16 and 2-7-17) () Relative severity of sentence (2-7-15) () “Hung Jury” instruction (2-7-18) () Credit for Article 15 punishment (2-7-21) () ___ () Concluding sentencing instructions (2-5-24) (2-6-12) () Reconsideration of Sentence (2-7-19) V. EXCUSING MEMBERS. Give Excusal Instruction at 2-5-26 (Members-Contested) or 2-6-14 (Members-Sentencing Only)

located at C-1 through C-4. An alternative Findings Worksheet is located at C-5. conclusion of the evidence in the case. It must be tailored for each case to ensure that the worksheet allows the court members to reach findings on all theories of the case which have been raised by the evidence. The worksheet should be made as simple as possible. exceptions and/or substitutions, the military judge should attempt to have both sides agree on amendments to the specification in question. This will substantially reduce the problems involved with exceptions and substitutions. Use of the instruction on variance will also ensure that the panel members focus on the guilt or innocence factors, rather than the specific day, amount, or nomenclature. before it is given to the members. This is especially important in cases involving lesser included offenses. President prior to closing the court. the Findings Worksheet to insure that the findings are lawful and in proper form. The military judge must have the President correct any mistake or omissions prior to announcement of the findings.

D-1 through D-4. given to the court members. The samples should be modified to insure that the court is not given the opportunity to adjudge an unlawful sentence or one that is inappropriate. Examples include: is an unjust enrichment or some other colorable basis for imposing a fine. The trial counsel may announce that the government does not intend to argue for imposition of a fine, in which case the military judge may elect to delete that punishment from the worksheet. The contingent confinement language is rarely appropriate. certain elements, that sentence element should be the only one placed on the Sentence Worksheet. For example, in a case in which the accused has been convicted of Article 118(1) or (4), the confinement element should read: To be confined for (life with eligibility for parole) (life without eligibility for parole). In such case, the restriction and hard labor without confinement elements should be removed. prior to it being given to the court members. In a capital case, the court must ensure that the aggravating factors listed on the Sentence Worksheet are the same factors of which the accused was given notice. the Sentence Worksheet to ensure that the sentence is lawful and in proper form. The military judge must have the President correct any mistakes or omissions prior to announcement of the sentence.

and procedures. borders upon contempt, that person should ordinarily be advised that his or her conduct is improper and that persisting in such conduct may cause the court to hold him or her in contempt. Such warning should be made a part of the record of trial in order to show a proper foundation for contempt proceedings. (In courts-martial with members, any warning to an accused or defense counsel should occur outside the presence of the members.) Contempt proceedings may often be avoided by causing the offender to be removed from the courtroom. Before an accused is removed from the court-martial, the military judge must comply with the requirements of RCM 804 and determine that the accused’s continued presence will materially interfere with the conduct of the proceedings. Ordinarily, alternatives exist to removal of a disruptive accused. (See RCM 804 discussion.) proceedings exist: (1) summary disposition, and (2) disposition upon notice and hearing. Each type of contempt proceeding is explained in the following two NOTEs. However, in both proceedings, contempt power resides solely in the military judge, who has discretion as to when the proceedings will occur during the court-martial to avoid unnecessarily disrupting the court-martial or prejudicing an accused. If the accused has elected court-martial by members, the contempt proceeding will occur outside of the presence of the members. A contempt proceeding is part of the court-martial in which it occurs; therefore, it must occur before adjournment of the court-martial. Also, because the contempt proceeding occurs during the court-martial, the accused at the court-martial, even when not an actual participant in the contempt proceeding, should be present unless the accused waives the right to be present under RCM 804(b). used only when the military judge directly witnesses the allegedly contemptuous conduct in the actual presence of the court-martial. Under such circumstances, the military judge must recite the facts for the record, and indicate that the judge directly witnessed them in the actual presence of the court-martial. See RCM 809(c). The following is a suggested guide for a summary disposition of contempt: MJ: (State the name of the Respondent), I am considering whether you should be held in contempt for (describe the conduct witnessed by the military judge in the actual presence of the court-martial). If I hold you in contempt, I will also adjudge a sentence. I now give you an opportunity to tell me anything about whether you should be held in contempt or what sentence I should adjudge if you are held in contempt. If you wish to say nothing, that fact will not be held against you and I will draw no adverse inference from your silence. Is there anything you wish to say? RESPONDENT: [Makes a statement or declines.] [The military judge may close to deliberate, or immediately enter findings:] MJ: (State the name of the Respondent), I find that you are not in contempt of this court.) MJ: (State the name of the Respondent), I find beyond a reasonable doubt, based upon my directly witnessing your conduct in the actual presence of the court-martial, that you (state the specific conduct which was observed). I conclude beyond a reasonable doubt that your act(s) constituted (menacing (words) (signs) (and) (gestures) in the presence of this court) (a disturbance of the proceedings of this court by (riotous) (disorderly) conduct) (willfully disobedience of the lawful (writ) (process) (order) (rule) (decree) (command) of the court-martial). (Based upon this conduct, I hold you in contempt of court and I sentence you: (To pay the United States a fine of $_) (and) (to be confined for ___ days).) personally witness the allegedly contemptuous conduct, the notice and hearing procedures must be used. In such cases, the alleged offender is brought before the military judge presiding at the court-martial and informed orally or in writing of the alleged contempt, and given a reasonable opportunity to present evidence. The alleged offender has the right to be represented by counsel, and shall be so advised. A suggested guide to accomplish the notice and hearing follows: MJ: (State the name of the Respondent), I have (heard) (received (a) report(s)) that you (state the conduct allegedly committed by the offender). If true, you (may have used menacing (words) (signs) (and) (gestures) in the presence of this court) (may have disturbed the proceedings of this court by (riotous) (disorderly) conduct) (may have willfully disobeyed the lawful (writ) (process) (order) (rule) (decree) (command) of the court-martial). Article 48, Uniform Code of Military Justice, provides that any person who uses any menacing (word) (sign) (or) (gesture) in the presence of a court-martial, or who disturbs its proceedings by a (riot) (disorder), or who willfully disobeys the lawful (writ) (process) (order) (rule) (decree) (command) of the court-martial may be punished for contempt. The maximum punishment is a fine of $1000, confinement for 30 days, or both. I will conduct a hearing in which I will determine if you should be held in contempt of court. At that hearing, you have the right to present evidence, to call witnesses, and to present argument. You are entitled to be represented by counsel at the contempt hearing. (For military offender) You may be represented by military counsel appointed to represent you at no expense to you, or you may be represented by civilian counsel of your choosing at no expense to the government. Do you understand these rights? (For civilian offender) That counsel must be someone you arrange for at no expense to the government. Do you understand these rights? Do you desire to be represented by counsel? RESPONDENT: (Responds.) MJ: You will be present at (state time/place for contempt hearing) with your counsel for the contempt proceeding. Do you have any questions? (MJ: Trial Counsel, the Government must ensure the presence of the following witness(es) at the contempt proceeding: (list name(s) of witness(es) the Court desires to present evidence).) [At the subsequent contempt proceeding, proceed as follows:] MJ: This contempt proceeding is called to order. TC: The accused at this court-martial, the respondent for this contempt proceeding, and the following persons detailed to this proceeding are present: _, Military Judge; _, Trial Counsel for the court-martial (and this contempt proceeding); (Trial Counsel for this contempt proceeding); _, Defense Counsel for the accused; and _, Defense Counsel for the respondent. (_ has been detailed reporter forth is proceeding and (has been previously sworn) (will now be sworn.) [or] (_ continues as court reporter for this proceeding.) TC: (I) (All members of the prosecution for this proceeding) have the same detailing and qualifications as announced at the court-martial of United States v. (insert the name of the case in which the allegedly contemptuous conduct occurred). [or] (I) (All members of the prosecution for this proceeding) have been detailed to this proceeding by _. (I am) (All members of the prosecution are qualified and certified under Article 27(b) and sworn under Article 42(a), Uniform Code of Military Justice. (I have not) (No member of the prosecution has) acted in any manner which might tend to disqualify (me) (us) in this proceeding. DC: (I) (All members of the defense) have the same detailing and qualifications as announced at the court-martial of United States v. (insert the name of the case in which the allegedly contemptuous conduct occurred). MILITARY COUNSEL FOR RESPONDENT: (I) (All counsel for the respondent) have been detailed to this proceeding by _. (I am) (All counsel for he respondent are) qualified and certified under Article 27(b) and sworn under Article 42(a), Uniform Code of Military Justice. (I have not) (No counsel for the respondent has) acted in any manner which might tend to disqualify (me) (us) in this proceeding. CIVILIAN COUNSEL FOR RESPONDENT: I will represent the respondent in this contempt proceeding. I am an attorney and licensed to practice law in the state(s) of _. I am a member in good standing of the _ bar(s). I have not acted in any capacity which might tend to disqualify me in this contempt proceeding. [The MJ should administer the oath to the civilian counsel found in Chapter 2 of this Benchbook] MJ: (State the name of the counsel for respondent), during this court-martial of United States v. _, I indicated to your client that I had (heard) (received (gestures) in the presence of this court) (may have disturbed the proceedings of this court by (riotous) (disorderly) conduct) (may have willfully disobeyed the lawful (writ) (process) (order) (rule) (decree) (command) of the court-martial). This proceeding is being held to determine if your client should be held in contempt, and if so, what your client’s punishment should be. court-martial raised the allegation of contemptuous behavior. If so, that party should be given an opportunity to make a statement and offer evidence. If neither party raised the allegation, and the Military Judge determines that neither party has an interest in the contempt proceedings, the Military Judge may decline to give the parties an opportunity to make opening statements or present evidence. The Military Judge may independently call witnesses and introduce documentary evidence. In all cases, the Military Judge must give the Respondent’s Counsel an opportunity to make an opening statement and present evidence. MJ: Trial Counsel, do you desire to make an opening statement? TC: (Responds with opening statement, if desired.) MJ: Defense Counsel, do you desire to make an opening statement? DC: (Responds with opening statement, if desired.) MJ: Respondent’s Counsel, do you desire to make an opening statement now or do you wish to reserve? RESPONDENT’S COUNSEL: (Responds with opening statement, if desired.) Judge determines that the Trial Counsel or Defense Counsel, or both, have an interest in the contempt proceedings, they should be given an opportunity to examine witnesses and offer evidence. Otherwise, the Military Judge may call witnesses and introduce evidence. The Respondent’s Counsel should be given an opportunity to cross-examine witnesses. After the evidence regarding contemptuous behavior is presented, the Respondent’s Counsel may present an opening statement (if originally reserved) or proceed to present witnesses/evidence on behalf of the Respondent to show why he/she should not be held in contempt. To hold the offender in contempt, the evidence must establish the contempt beyond a reasonable doubt. (MJ: Trial Counsel, do you desire to offer any evidence on this matter? TC: (Responds.) MJ: Trial Counsel, you may call your first witness.) (MJ: Defense Counsel, do you desire to offer any evidence on this matter? DC: (Responds.) MJ: You may call you first witness.) (MJ: The Court calls (state the name of witness).) (MJ: Respondent’s Counsel, do you wish to make an opening statement?) MJ: Respondent’s Counsel, you may present evidence. RESPONDENT’S COUNSEL: (Responds.) MJ: (To Respondent) After counsel have argued, I will decide whether you should be held in contempt. If I hold you in contempt, I will also adjudge a sentence. I now give you an opportunity to tell me anything about whether you should be held in contempt or what sentence I should adjudge if you are held in contempt. If you wish to say nothing, that fact will not be held against you and I will draw no adverse inference from your silence. Is there anything you wish to say? RESPONDENT: (Makes a statement or declines.) (MJ: Trial Counsel, you may present argument. TC: (Argument or waiver.)) (MJ: Defense Counsel, you may present argument. DC: (Argument or waiver.)) MJ: Respondent’s Counsel, you may present argument. RESPONDENT’S COUNSEL: (Argument or waiver.) findings. (MJ: The Court is closed. MJ: The contempt proceeding is called to order. All parties present when the contempt proceeding closed are again present.) MJ:((State the name of the Respondent), I find that you were not in contempt of this court.) ((State the name of the Respondent), I find beyond a reasonable doubt that your act(s) constituted (menacing (words) (signs) (and) (gestures) in the presence of this court) (a disturbance of the proceedings of this court by (riotous) (disorderly) conduct) (willful disobedience of the lawful (writ) (process) (order) (rule) (decree) (command) of the court-martial). I hold you in contempt of court and I sentence you: (To pay the United States a fine of $_) (and) (To be confined for __ days).) the place of confinement. See RCM 809(e). The immediate commander of the person held in contempt, or, in the case of a civilian, the convening authority should be notified immediately so that the necessary action on the sentence may be taken. See Discussion to RCM 809(e)(4)(B) and RCM 1102. proceeding will be made and will be included in the regular record of trial. If the person is held in contempt, a separate record of the contempt proceeding will be prepared and forwarded for review by either the convening authority IAW RCM 809(d)(2) or by a court of criminal appeals IAW RCM 809(d)(3). (As stated in the NOTE immediately above, when the sentence includes confinement, the immediate commander or the convening authority should be immediately notified; however, the notification need not consist of a complete record of the proceedings.) person has been held in contempt, pending the convening authority’s review of the record of the contempt proceeding, that person may be removed from the courtroom and his/her return during the subsequent proceedings may be prohibited. The immediate commander of a person held in contempt should be advised of the court’s action. In the case of a civilian, the convening authority should be immediately advised. In either case, a sentence to confinement begins to run when it is announced unless the circumstances described in RCM 809(e)(4) apply. If the offender is a witness, he/she may be permitted to complete testimony before contempt proceedings are initiated. Ordinarily, the trial and defense counsel should be allowed to continue to perform their duties before the court even though held in contempt, unless it appears that they cannot be expected to conduct themselves properly during subsequent proceedings. The military judge may also delay announcing the sentence after a finding of contempt to permit the person involved to continue to participate in the proceedings. See NOTE above, about removing an accused from the court-martial proceedings. REFERENCES : Article 48, UCMJUCMJUniformed Code of Military Justice; RCM 801, 804, 809, and RCM 809 analysis at Appendix 15, MCM; US v. Burnett, 27 MJ 99 (CMA 1988); Hasan v. Gross, 71 MJ 416 (CAAF 2012).

trial proceedings are governed by RCM 1104. While many of the procedures are the same as in an original trial, rehearings and post-trial proceedings require certain modifications to the “standard” court-martial procedures.

particular issue, appellate courts sometimes order limited evidentiary hearings to assist them in performing their appellate duties. These hearings generally require the MJ to make specific findings of fact and conclusions of law on a particular issue, thus eliminating “the unsatisfactory alternative of settling [an] issue on the basis of ex parte affidavits, amidst a barrage of claims and counterclaims.” US v. DuBay, 37 CMR 411, 413 (CMA 1967). MJ: Please be seated. This limited hearing is called to order. TC: This limited hearing was ordered by _ in accordance with United States trial to The Judge Advocate General, for remand to a convening authority to order a limited hearing pursuant to United States v. DuBay. Appellate Exhibit II (_) is the memorandum from The Judge Advocate General to the Commander, _, designating him/her as the convening authority authorized to order this limited hearing. Appellate Exhibit III () is the advice from the Staff Judge Advocate to the convening authority and the convening authority's order to conduct this limited hearing. (Appellate Exhibit IV () is the docketing order for this hearing, with the written input from both sides attached.) A copy of these appellate exhibits, along with the record of trial in this case, have been furnished to the military judge, counsel, and the appellant. hearing be made Appellate Exhibits at this point. The record of trial of the prior trial ordinarily should not be marked as an Appellate Exhibit. TC: The government is ready to proceed in this limited hearing. MJ: Defense Counsel, do you have any challenges to the jurisdiction of this limited hearing? DC: (Responds.) TC: (I) (All members of the prosecution) have been detailed to this limited hearing by _. (I am) (All members of the prosecution are) qualified and certified under Article 27(b), and sworn under Article 42(a), Uniform Code of Military Justice. (I have not) (No member of the prosecution has) acted in any manner that might tend to disqualify (me) (us) in this hearing. TC: The appellant and the following persons detailed to this hearing are present: _, Military Judge; _, Trial Counsel; and _, Defense Counsel. No voting members of the court are present or required. The following persons detailed to this court are absent: _. following oath: “Do you (swear) (affirm) that you will faithfully perform all the duties of (trial) (assistant trial) counsel in the case now in hearing (so help you God)?” TC: _ has been detailed reporter for this court and (has been previously sworn) (will now be sworn). MJ: _, you have the right to be represented by _, your detailed military defense counsel. (He) (She) is a lawyer, certified by The Judge Advocate General as qualified to act as your defense counsel (and (he) (she) is a member of the Army’s Trial Defense Service). (His) (Her) services are provided at no expense to you. You also have the right to be represented by a military counsel of your own selection, provided that the counsel you request is reasonably available. If you were represented by military counsel of your own selection, then your detailed defense counsel would normally be excused. However, you could request that your detailed counsel continue to represent you, but your request would not have to be granted. Do you understand that? ACC: (Responds.) MJ: In addition to your military defense counsel, you have the right to be represented by a civilian counsel at no expense to the government. Civilian counsel may represent you along with your military defense counsel or you could excuse your military counsel and be represented only by your civilian counsel. Do you understand that? ACC: (Responds.) MJ: Do you have any questions about your rights to counsel? ACC: (Responds.) MJ: By whom do you wish to be represented? ACC: (Responds.) MJ: And by (him) (her) (them) alone? ACC: (Responds.) PRO SE REPRESENTATION. The MJ must be aware of any possible conflict of interest by counsel, and if a conflict exists, the MJ must obtain a waiver from the accused or order new counsel appointed for the accused. See paragraph 2-7-3, WAIVER OF CONFLICT-FREE COUNSEL. MJ: Defense Counsel, please announce your detailing and qualifications. DC: (I) (All detailed members of the defense) have been detailed to this court-martial by _. (I am) (All detailed members of the defense are) qualified and certified under Article 27(b) and sworn under Article 42(a), Uniform Code of Military Justice. (I have not) (No member of the defense has) acted in any manner that might tend to disqualify (me) (us) in this court-martial. following oath: “Do you swear or affirm that you will faithfully perform all the duties of defense counsel in the case now in hearing (so help you God)?” Civilian DC: I am an attorney and licensed to practice law in the state(s) of _. I am a member in good standing of the (_) bar(s). I have not acted in any manner which might tend to disqualify me in this court-martial. following oath: “Do you, _, (swear) (affirm) that you will faithfully perform the duties of individual defense counsel in the case now in hearing (so help you God)?” should inquire or explain as applicable why the attorney-client relationship has ceased (Example: Former defense counsel left active duty or appellant is claiming ineffective assistance of counsel against former defense counsel). In any situation where it appears the appellant may have a legal right to the assistance of a former defense counsel, the MJ should obtain from the appellant an affirmative waiver of that former defense counsel's presence. (MJ: _ is no longer on active duty and cannot be detailed by military authority to represent you at this hearing. However, you could attempt to retain _ as civilian counsel. Accordingly, _ has been detailed to represent you at this hearing. Do you wish to proceed with this hearing without _ and with only _ as your counsel? Do you expressly consent to not having _ represent you at this hearing?) (MJ: Because you have made allegations after trial that _ was ineffective in his/her former representation of you, he/she has not been detailed to represent you at this hearing. Accordingly, _ has been detailed to represent you at this hearing. Do you wish to proceed with this hearing without _ and with only _ as your counsel? Do you expressly consent to not having _ represent you at this hearing?) MJ: I have been properly certified and sworn, and detailed (myself) (by _) to this hearing. Counsel for both sides appear to have the requisite qualifications, and all personnel required to be sworn have been sworn. TC: Your Honor, are you aware of any matter that might be a ground for challenge against you? MJ: (I am not. I was the trial judge for the _ portion of this case.) (I am not. I was not the trial judge for any prior proceedings in this case, whether pretrial, trial or post-trial.) (_.) Does either side desire to question or to challenge me? TC/DC: (Respond.) MJ: Counsel, based on Appellate Exhibit(s) , the purpose of this limited hearing is _. Do both counsel agree? TC/DC: (Respond.) MJ: _ has your defense counsel explained the nature of this hearing to you? APP: (Responds.) MJ: Defense Counsel, does the accused have in front of (him) (her) a copy of Appellate Exhibit I (), the appellate court's order directing this hearing? DC: (Responds.) MJ: _, look at page (_) of Appellate Exhibit I (). The appellate court told me to determine _. Do you see that portion of Appellate Exhibit I (_)? Do you understand that my sole purpose at this hearing is to listen to the matters presented by the parties and then make findings of fact and conclusions of law with respect to the issue(s) that the appellate court specified? APP: (Responds.) MJ: I have no authority to change anything that happened at your original trial. I cannot alter any prior ruling, finding, or sentence. When I provide my findings and conclusions, the appellate court will decide what happens in your case. Do you understand that? APP: (Responds.) MJ: Because the defense raised the matter at issue in this hearing, I will allow the defense to go first with opening statement, presentation of the evidence and argument. Does the defense have an opening statement? DC: (Responds.) MJ: Does the government have an opening statement? TC: (Responds.) MJ: Defense Counsel, you may present evidence. witness testifies, the MJ should instruct the witness along the following lines: MJ: _, you are excused (temporarily) (permanently). As long as this trial continues, do not discuss your testimony or knowledge of the case with anyone other than counsel and the accused. You may step down and (return to the waiting room) (go about your duties) (return to your activities) (be available by telephone to return within ___ minutes). DC: The defense has nothing further. MJ: Trial Counsel, you may present evidence. TC: The government has nothing further. MJ: Defense Counsel, do you wish to present any rebuttal evidence? DC: (Responds.) MJ: Defense Counsel, you may present closing argument. DC: (Responds.) MJ: Trial Counsel, you may present closing argument. TC: (Responds.) MJ: I will prepare findings of fact and conclusions of law, which will be provided to counsel and attached to this record as Appellate Exhibit __ prior to my authentication of the record. MJ: Is there anything further from either party? TC/DC: (Respond.) MJ: This hearing is adjourned.

Aiding The Enemy–Giving Intelligence To The Enemy (Article 104) Before 1 Jan 19 ...................... 359 Aiding The Enemy–Harboring Or Protecting (Article 104) Before 1 Jan 19 ...................... 358 Allowing A Prisoner To Escape (Article 96) Through Design On Or After 1 Jan 19 ....... 1139 Through Neglect On Or After 1 Jan 19 ....... 1137 Animal Abuse (Article 134) 16 Sep 16-31 Dec 18 ............. 824 On Or After 1 Jan 19 ............ 1600 Appendices ................................ 1924 Combined Rehearing (Appendix G-3) ................................. 1992 Contempt Procedure (Appendix E) ..................................... 1958 Dubay Hearing Procedures (Appendix H) ................... 2012 Findings Worksheets (Appendix B) ..................................... 1938 Full Rehearing (Appendix G-2) ........................................ 1981 General And Special Findings (Appendix F) .................... 1965 Instructions Checklists (Appendix B) ..................................... 1926 Post-Trial Article 39(a) Session (Appendix G-4) ................ 2008 Sentence Rehearing (Appendix G-1) ................................. 1970 Sentencing Worksheets (Appendix D) ................... 1947 ArgumEnt or Request for a Punitive Discharge Colloquy ................ 180 Arraignment ..................... 8, 20, 1822 Arson (Article 126) Aggravated Inhabited Dwelling On Or After 1 Jan 19 ....... 1499 Aggravated Structure On Or After 1 Jan 19 ....... 1501 Simple On Or After 1 Jan 19 ....... 1503 Arson–Aggravated Inhabited Dwelling (Article 126) Before 1 Jan 19 ...................... 740 Arson–Aggravated–Structure (Article 126) Before 1 Jan 19 ...................... 742 Arson–Simple (Article 126) Before 1 Jan 19 ...................... 744 Article 15 Credit Instruction ......... 167 Article 32 Waiver Colloquy .......... 144 Article 58a Impact on Suspended Sentence Colloquy ................. 142 Assault (Article 128) Aggravated Dangerous Weapon On Or After 1 Jan 19 ....... 1529 Aggravated-Grievous Bodily Harm On Or After 1 Jan 19 ........1536 Aggravated-Substantial Bodily Harm On Or After 1 Jan 19 ........1533 Consummated By A Battery On Or After 1 Jan 19 ........1510 Simple On Or After 1 Jan 19 ........1508 Upon Commissioned Officer On Or After 1 Jan 19 ........1511 Upon Person In Execution Of Law Enforcement On Or After 1 Jan 19 ........1523 Upon Sentinel, Lookout On Or After 1 Jan 19 ........1519 Upon Warrant, Noncommissioned, Petty Officer On Or After 1 Jan 19 ........1515 With Intent To Commit Certain Offenses On Or After 1 Jan 19 ........1539 Assault Consummated By A Battery (Article 128) Before 1 Jan 19 ...................... 753 Assault Of Superior Commissioned Officer (Article 89) On Or After 1 Jan 19 .............1092 Assault On Warrant, Noncommissioned, Or Petty Officer (Article 91) Before 1 Jan 19 ...................... 265 On Or After 1 Jan 19 .............1098 Assault Upon A Commissioned Officer (Article 128) Before 1 Jan 19 ...................... 754 Assault Upon A Person In The Execution Of Law Enforcement Duties (Article 128) Before 1 Jan 19 ...................... 763 Assault Upon A Sentinel Or Lookout (Article 128) Before 1 Jan 19 ...................... 760 Assault Upon A Warrant, Noncommissioned, Or Petty Officer (Article 128) Before 1 Jan 19 ...................... 757 Assault With Intent To Commit Certain Offenses (Article 134) Before 1 Jan 19 ...................... 835 Assault, Simple (Article 128) Before 1 Jan 19 ...................... 748 Assault, Simple (With An Unloaded Firearm) (Article 128) Before 1 Jan 19 ...................... 750 Assaulting–Striking, Drawing, Lifting Up A Weapon Against, Offering Violence To–Superior Commissioned Officer (Article 90) Before 1 Jan 19 ...................... 257 Attempted Desertion (Article 85) Before 1 Jan 19 ...................... 236 On Or After 1 Jan 19 ............ 1046 Attempted Espionage (Article 103a) On Or After 1 Jan 19 ............ 1177 Attempted Espionage (Article 106a) Before 1 Jan 19 ...................... 370 Attempted Killing Of An Unborn Child (Article 119a) Before 1 Jan 19 ...................... 496 Attempted Mutiny (Article 94) Before 1 Jan 19 ...................... 295 On Or After 1 Jan 19 ............ 1128 Attempting To Aid The Enemy (Article 103b) On Or After 1 Jan 19 ............ 1180 Attempts–Murder, Premeditated And Unpremeditated (Article 80) Before 1 Jan 19 ...................... 200 ATTEMPTS—MURDER, PREMEDITATED AND UNPREMEDITATED (ARTICLE 80) On or after 1 Jan 19 ............. 1009 Attempts—Other Than Murder And Voluntary Manslaughter (Article 80) Before 1 Jan 19 ...................... 196 On Or After 1 Jan 19 ............ 1005 Attempts–Voluntary Manslaughter (Article 80) Before 1 Jan 19 ...................... 207 ATTEMPTS—VOLUNTARY MANSLAUGHTER (ARTICLE 80) On or after 1 Jan 19 ............. 1016 Battery Upon A Child Under The Age Of 16 (Article 128) Before 1 Jan 19 ...................... 766 Battery Upon A Child Under The Age Of 16, Spouse, Intimate Partner, Or Immediate Family Member (Article 128) On Or After 1 Jan 19 ............ 1527 Battery, Assault Consummated By A (Article 128) Before 1 Jan 19 ...................... 753 Bestiality (Article 125) Before 1 Jan 19 ...................... 739 Bigamy (Article 134) Before 1 Jan 19 ...................... 838 On Or After 1 Jan 19 ............ 1603 Bomb Hoax–Designed Or Intended To Cause Panic Or Public Fear (Article 134 Before 1 Jan 19 ...................... 990 Bomb Threat (Article 134) Before 1 Jan 19 ...................... 988 Breach Of Correctional Custody (Article 87b On Or After 1 Jan 19 ............ 1083 Breach Of Medical Quarantine (Article 84) On Or After 1 Jan 19 ............ 1033 Breach Of Restriction (Article 87b) On Or After 1 Jan 19 ............ 1085 Breach Of The Peace (Article 116 On Or After 1 Jan 19 ............ 1324 Breach Of The Peace (Article 116) Before 1 Jan 19 ...................... 458 Breaking Arrest (Article 87a) On Or After 1 Jan 19 ............ 1071 Breaking Arrest (Article 95) Before 1 Jan 19 ...................... 302 Breaking Restriction (Article 134) Before 1 Jan 19 ...................... 968 Bribery (Article 124a) Asking Accepting, Receiving On Or After 1 Jan 19 ....... 1493 Promising, Offering, Giving On Or After 1 Jan 19 ....... 1494 Bribery And Graft–Asking, Accepting, Or Receiving (Article 134) Before 1 Jan 19 ...................... 839 Bribery And Graft–Promising, Offering, Or Giving (Article 134) Before 1 Jan 19 ...................... 841 Broadcasting Intimate Visual Images (Article 117a) On Or After 1 Jan 19 ............ 1327 Burglary (Article 129) Before 1 Jan 19 ...................... 777 Other Offenses On Or After 1 Jan 19 ....... 1551 Specified Offenses On Or After 1 Jan 19 ....... 1548 Burning With Intent To Defraud (Article 126) On Or After 1 Jan 19 ............ 1505 Capital Case Court Members (Capital Case Sentencing Only) ............. 1883 Court Members (Contested Capital Case) ................... 1826 Guilty Plea In A Capital Case1824 Initial Session Through Arraignment ..................... 1815 Captured Or Abandoned Property— Dealing In (Article 103) Before 1 Jan 19 ...................... 351 Captured Or Abandoned Property— Failure To Report And Turn Over (Article 103) Before 1 Jan 19 ...................... 349 Carnal Knowledge (Article 120) Before 1 Oct 07 ...................... 524 Carrying Concealed Weapon (Article 134) Before 1 Jan 19 ...................... 996 Check Offenses (Article 123a) Worthless With Intent To Deceive On Or After 1 Jan 19 ....... 1474 Worthless, With Intent To Defraud On Or After 1 Jan 19 ....... 1469 Check, Worthless, With Intent To Deceive (Article 123a) Before 1 Jan 19 ...................... 698 Check, Worthless, With Intent To Defraud (Article 123a) Before 1 Jan 19 ...................... 693 Check–Worthless–Making And Uttering–By Dishonorably Failing To Maintain Sufficient Funds (Article 134) Before 1 Jan 19 ...................... 845 Check—Worthless—Making And Uttering—By Dishonorably Failing To Maintain Sufficient Funds (Article 134) On Or After 1 Jan 19 .............1604 Child Endangerment (Article 119b) On Or After 1 Jan 19 .............1365 Child Endangerment (Article 134) 1 Oct 07-31 Dec 18 ................. 849 Child Pornography (Article 134) 12 January 2012-31 Dec 18 ... 852 On Or After 1 Jan 19 .............1608 Clemency Instruction Additional Instruction .............. 160 Recommendation for Suspension ........................................... 159 Combined Rehearing .................1992 Communicating With The Enemy (Article 103b) On Or After 1 Jan 19 .............1184 Compelling Surrender (Article 100) Before 1 Jan 19 ...................... 337 On Or After 1 Jan 19 .............1164 Compelling Surrender–Attempts (Article 100) Before 1 Jan 19 ...................... 339 Compelling Surrender—Attempts (Article 100) On Or After 1 Jan 19 .............1166 Competence and Mental Responsibility Colloquy During Guilty Plea .............................. 183 Conduct Unbecoming An Officer Copying Or Using Examination Paper (Article 133) Before 1 Jan 19 ................. 805 Drunk Or Disorderly (Article 133) Before 1 Jan 19 ................. 806 Failing, Dishonorably, To Pay Debt (Article 133) Before 1 Jan 19 ................. 808 Failure To Keep Promise To Pay Debt (Article 133) Before 1 Jan 19 ................. 810 Conduct Unbecoming An Officer (Article 133) On Or After 1 Jan 19 .............1591 Confessional Stipulation of Fact Colloquy .................................. 177 Confessions ...............................1651 Conniving At Fighting A Duel (Article 114) Before 1 Jan 19 ...................... 452 Conspiracy (Article 81) Before 1 Jan 19 ...................... 211 On Or After 1 Jan 19 .............1020 Contempt Or Disrespect Toward Warrant, Noncommissioned, Or Petty Officer (Article 91 On Or After 1 Jan 19 .............1104 Contempt Or Disrespect Toward Warrant, Noncommissioned, Or Petty Officer (Article 91) Before 1 Jan 19 ...................... 272 Contempt Toward Officials (Article 88) On Or After 1 Jan 19 .............1087 Contempt Toward Officials By Commissioned Officer (Article 88) Before 1 Jan 19 ...................... 252 Contested Members Case Post-trial and Appellate Rights Advice ................................. 96 Sentence Announcement ......... 97 Sentencing Arguments ............. 79 Sentencing Instructions ............ 79 Conviction Of Lesser Included Offense (Article 79) Before 1 Jan 19 ...................... 195 On Or After 1 Jan 19 ............ 1004 Correctional Custody (Article 134) Breach Of Restraint During Before 1 Jan 19 ................. 862 Escape From Before 1 Jan 19 ................. 859 Corroboration ............................ 1652 Counsel Rights To .................................... 9 Credit Card, Debit Card Or Other Access Device (Article 121a) Fraudulent Use On Or After 1 Jan 19 ....... 1457 Crimes And Offenses Not Capital– Violations Of Federal Law (Article 134, Clause 3) Before 1 Jan 19 ...................... 816 Crimes And Offenses Not Capital– Violations Of State Law As Violations Of Federal Law Under The Assimilative Crimes Act (Article 134, Clause 3) Before 1 Jan 19 ...................... 818 Crimes And Offenses Not Capital— Violations Of State Law As Violations Of Federal Law Under The Assimilative Crimes Act (Article 134, Clause 3) On Or After 1 Jan 19 ............ 1598 Cruelty, Oppression, Or Maltreatment Of Subordinates (Article 93 On Or After 1 Jan 19 ............ 1115 Cruelty, Oppression, Or Maltreatment Of Subordinates (Article 93) Before 1 Jan 19 ...................... 285 Damaging, Destroying, Or Losing Military Property (Article 108) Before 1 Jan 19 ...................... 378 On Or After 1 Jan 19 ............ 1215 Dealing In Captured Or Abandoned Property (Article 108a) On Or After 1 Jan 19 ............ 1230 Debt, Dishonorably Failing To Pay (Article 134) Before 1 Jan 19 ...................... 865 Debt—Dishonorably Failing To Pay (Article 134) On Or After 1 Jan 19 ............ 1614 Defenses Accident ............................... 1681 Alibi ...................................... 1710 Automatism .......................... 1730 Character ............................. 1711 Claim Of Right ...................... 1720 Defense Of Another Homicide Or Aggravated Assault Charged And Lesser Assault Lio Raised .................................... 1678 Defense Of Property ............. 1690 Duress (Compulsion Or Coercion) ........................................ 1685 Entrapment ........................... 1687 Evidence Negating Mens Rea ........................................ 1716 Financial And Other Inability 1698 Generally .............................. 1655 Ignorance Or Mistake Check Offenses ............... 1704 Fact Or Law ..................... 1699 Only General Intent In Issue .................................... 1702 Specific Intent In Issue .... 1700 Ignorcane Or Mistake Drug Offenses ................. 1706 Justification ........................... 1729 Lack Of Causation ................ 1724 Obedience To Orders Lawful Orders .................. 1694 Unlawful Orders ............... 1692 Parental Discipline ................ 1714 Physical Impossibility ........... 1695 Physical Inability ................... 1697 Self-Defense Assault Involving Other Than Deadly Force .............. 1660 Death Of Victim Unintended .................................... 1665 Defense Of Another (Assault Or Assault And Battery Charged)..................... 1676 Defense Of Another (Homicide Or Aggravated Assault) .................................... 1674 Excessive Force To Deter1668 Generally ......................... 1657 Homicide Or Aggravated Assault With Assault As Lesser Included Offense .................................... 1662 Homicide Or Assault And Battery Involving Deadly Force .......................... 1658 Other Instructions ............ 1670 Voluntary Abandonment ....... 1712 Voluntary Intoxication ........... 1708 Delivering Amount Less Than Called For By Receipt (Article 124) On Or After 1 Jan 19 ............ 1489 Dereliction Of Duty (Article 92) Before 1 Jan 19 ...................... 282 On Or After 1 Jan 19 ............ 1112 Desertion Before Notice Of Acceptance Of Resignation (Article 85 On Or After 1 Jan 19 ............ 1042 Desertion Before Notice Of Acceptance Of Resignation (Article 85) Before 1 Jan 19 ...................... 233 Desertion With Intent To Avoid Hazardous Duty Or To Shirk Important Service (Article 85 On Or After 1 Jan 19 .............1040 Desertion With Intent To Avoid Hazardous Duty Or To Shirk Important Service (Article 85) Before 1 Jan 19 ...................... 231 Desertion With Intent To Remain Away Permanently (Article 85) Before 1 Jan 19 ...................... 226 On Or After 1 Jan 19 .............1035 Destroying Or Damaging Nonmilitary Property (Article 109) On Or After 1 Jan 19 .............1236 Disloyal Statements (Article 134) Before 1 Jan 19 ...................... 868 On Or After 1 Jan 19 .............1617 Disorderly Conduct, Drunkenness (Article 134) On Or After 1 Jan 19 .............1619 Disorderly Conduct–Drunkenness (Article 134) Before 1 Jan 19 ...................... 870 Disorders And Neglects To The Prejudice Of Good Order And Discipline Or Of A Nature To Bring Discredit Upon The Armed Forces (Article 134, Clauses 1 And 2.) On Or After 1 Jan 19 .............1594 Disorders And Neglects To The Prejudice Of Good Order And Discipline Or Of A Nature To Bring Discredit Upon The Armed Forces—Offenses Not Listed In The MCM (Article 134, Clauses 1 And 2.) Before 1 Jan 19 ...................... 813 Disrespect Toward A Superior Commissioned Officer (Article 89) Before 1 Jan 19 ...................... 254 On Or After 1 Jan 19 .............1089 Disrespect Towards Sentinel Or Lookout (Article 95a) On Or After 1 Jan 19 .............1134 Distribution Of Intimate Visual Images (Article 117a) On Or After 1 Jan 19 .............1327 Domestic Violence (Article 128b) On Or After 1 Jan 19 .............1544 Drinking Liquor With Prisoner (Article 134) Before 1 Jan 19 ...................... 873 Drinking Liquor With Prisoner (Article 96) On Or After 1 Jan 19 .............1140 Drugs—Wrongful Distribution (Article 112a) Before 1 Jan 19 ...................... 421 On Or After 1 Jan 19 .............1273 Drugs–Wrongful Importation Or Exportation (Article 112a) Before 1 Jan 19 ...................... 441 Drugs—Wrongful Importation Or Exportation (Article 112a) On Or After 1 Jan 19 .............1293 Drugs–Wrongful Introduction–With Intent To Distribute (Article 112a) Before 1 Jan 19 ...................... 427 Drugs—Wrongful Introduction—With Intent To Distribute (Article 112a) On Or After 1 Jan 19 ............ 1279 Drugs–Wrongful Manufacture–With Intent To Distribute (Article 112a) Before 1 Jan 19 ...................... 434 Drugs—Wrongful Manufacture— With Intent To Distribute (Article 112a) On Or After 1 Jan 19 ............ 1286 Drugs–Wrongful Possession–With Intent To Distribute (Article 112a) Before 1 Jan 19 ...................... 408 Drugs—Wrongful Possession—With Intent To Distribute (Article 112a) On Or After 1 Jan 19 ............ 1260 Drugs–Wrongful Use (Article 112a) Before 1 Jan 19 ...................... 415 Drugs—Wrongful Use (Article 112a) On Or After 1 Jan 19 ............ 1267 Drunk On Duty (Article 112) Before 1 Jan 19 ...................... 406 On Or After 1 Jan 19 ............ 1255 Drunk Prisoner (Article 112) On Or After 1 Jan 19 ............ 1259 Drunken Or Reckless Operation Of A Vehicle, Aircraft, Or Vessel (Article 111) Before 1 Jan 19 ...................... 398 Drunken Or Reckless Operation Of A Vehicle, Aircraft, Or Vessel (Article 113) On Or After 1 Jan 19 ............ 1299 Drunkenness–Incapacitation For Performance Of Duties Through Prior Indulgence In Intoxicating Liquors Or Any Drug (Article 134) Before 1 Jan 19 ...................... 877 Dubay Hearing Procedures ....... 2012 Dueling (Article 114) Before 1 Jan 19 ...................... 450 Conniving At Fighting On Or After 1 Jan 19 ....... 1310 Failure To Report On Or After 1 Jan 19 ....... 1311 On Or After 1 Jan 19 ............ 1308 Promoting On Or After 1 Jan 19 ....... 1309 Effecting Unlawful Enlistment, Appointment, Or Separation (Article 104b) On Or After 1 Jan 19 ............ 1190 Effecting Unlawful Enlistment, Appointment, Or Separation (Article 84) Before 1 Jan 19 ...................... 224 Escape From Confinement–Pretrial And Post-Trial Confinement (Article 87a) On Or After 1 Jan 19 ............ 1076 Escape From Confinement–Pretrial And Post-Trial Confinement (Article 95) Before 1 Jan 19 ...................... 308 Escape From Correctional Custody (Article 87b) On Or After 1 Jan 19 ............ 1081 Escape From Custody (Article 87a) On Or After 1 Jan 19 ............ 1074 Escape From Custody (Article 95) Before 1 Jan 19 ...................... 305 Espionage (Article 103a) On Or After 1 Jan 19 ............ 1175 Espionage (Article 106a) Before 1 Jan 19 ...................... 368 Evidentiary Instructions Accomplice Testimony ......... 1782 Accused's Right To Remain Silent ........................................ 1787 Brain Death .......................... 1812 Chain Of Custody ................. 1804 Character For Untruthfulness1779 Circumstantial Evidence ....... 1766 Closed Trial Sessions ........... 1808 Depositions ........................... 1770 Divers Or Specified Occasions ........................................ 1813 Expert Testimony ................. 1780 Eyewitness Identification ...... 1775 False Exculpatory Statements ........................................ 1806 Good Character Of Accused To Show Innocence .............. 1777 Have You Heard Questions To Impeach Opinion ............. 1800 Immunized Witness .............. 1802 Joint Offenders ..................... 1764 Judicial Notice ...................... 1772 Other Crimes, Wrongs, Acts (MRE 404(B)) .................. 1788 Past Sexual Behavior Of Sex Offense Victim ................. 1793 Principals Aiding And Abetting ......... 1756 Counseling, Commanding, Procuring .................... 1758 Prinicipals Causing An Act To Be Done .................................... 1759 Prior Consistent Statement Recent Fabrication .......... 1786 Prior Conviction To Impeach 1792 Prior Inconsistent Statement 1784 Privilege ................................ 1805 Spillover Prohibited .............. 1797 Stipulations Of Expected Testimony ........................ 1769 Stipulations Of Fact .............. 1768 Variance Exceptions And Substitutions .................................... 1794 Value, Damage, Amount . 1795 Vicarious Liability Co-Conspirators .............. 1760 Principals And Co- Conspirators ............... 1754 Victim's Character For Violence Or Peacefulness .............. 1778 Witness Credibility ................ 1774 Extortion (Article 127) Before 1 Jan 19 ...................... 746 On Or After 1 Jan 19 .............1506 Extramarital Sexual Conduct (Article 134) On Or After 1 Jan 19 .............1622 Failing To Enforce Or Comply With Code (Article 98) Before 1 Jan 19 ...................... 319 Failing To Go To Or Going From Place Of Duty (Article 86) On Or After 1 Jan 19 .............1048 Failing To Go To Or Leaving Place Of Duty (Article 86) Before 1 Jan 19 ...................... 238 Failing To Secure Public Property Taken From The Enemy (Article 103) Before 1 Jan 19 ...................... 347 Failing To Secure Public Property Taken From The Enemy (Article 108a) On Or After 1 Jan 19 .............1226 Failure To Obey Lawful Order (Article 92) Before 1 Jan 19 ...................... 280 Failure To Prevent And Suppress A Mutiny Or Sedition (Article 94) Before 1 Jan 19 ...................... 291 On Or After 1 Jan 19 .............1124 Failure To Report A Duel (Article 114) Before 1 Jan 19 ...................... 453 Failure To Report A Mutiny Or Sedition (Article 94) Before 1 Jan 19 ...................... 293 On Or After 1 Jan 19 .............1126 Failure To Report And Turn Over Captured Or Abandoned Property (Article 108a) On Or After 1 Jan 19 .............1228 False Claim (Article 124) Forging Or Counterfeiting Signature In Connection With On Or After 1 Jan 19 ........1487 Making On Or After 1 Jan 19 ........1478 Making False Oath In Connection With On Or After 1 Jan 19 ........1484 Making Or Using False Writing In Connection With On Or After 1 Jan 19 ........1482 Presenting On Or After 1 Jan 19 ........1480 Using Forged Signature On Or After 1 Jan 19 ........1488 False Claim, Making (Article 132) Before 1 Jan 19 ...................... 789 False Claim, Presenting (Article 132) Before 1 Jan 19 ...................... 791 False Official Statement (Article 107 Before 1 Jan 19 ...................... 372 False Official Statement (Article 107) On Or After 1 Jan 19 .............1205 False Or Unauthorized Pass— Making, Altering, Counterfeiting, Tampering (Article 105a) On Or After 1 Jan 19 ............ 1198 False Or Unauthorized Pass– Making, Altering, Counterfeiting, Tampering (Article 134) Before 1 Jan 19 ...................... 879 False Or Unauthorized Pass— Wrongful Sale, Gift, Or Loan (Article 105a) On Or After 1 Jan 19 ............ 1199 False Or Unauthorized Pass– Wrongful Sale, Gift, Or Loan (Article 134) Before 1 Jan 19 ...................... 880 False Pretenses To Obtain Services (Article 121b) On Or After 1 Jan 19 ............ 1459 False Swearing (Article 107) On Or After 1 Jan 19 ............ 1207 False Swearing (Article 134) Before 1 Jan 19 ...................... 886 False Threats Concerning The Use Of Explosives, Etc. (Article 115) On Or After 1 Jan 19 ............ 1319 Felony Murder (Article 118) 28 Jun 12-31 Dec 18 .............. 478 Before 28 Jun 12 .................... 475 Firearm–Discharging Through Negligence (Article 134) Before 1 Jan 19 ...................... 890 Firearm—Discharging Through Negligence (Article 134) On Or After 1 Jan 19 ............ 1627 Firearm—Willful Discharge Under Circumstances To Endanger Human Life (Article 114) On Or After 1 Jan 19 ............ 1312 Firearm–Willful Discharge Under Circumstances To Endanger Human Life (Article 134) Before 1 Jan 19 ...................... 891 Fleeing Apprehension (Article 87a) On Or After 1 Jan 19 ............ 1067 Fleeing Apprehension (Article 95) Before 1 Jan 19 ...................... 299 Fleeing The Scene Of An Accident (Article 134) Driver Or Passenger Charged As A Principal Before 1 Jan 19 ................. 893 Senior Passenger Before 1 Jan 19 ................. 895 Forcible Pandering (Article 120) 1 Oct 07-27 Jun 12 ................ 581 Forcible Pandering (Article 120c) 28 Jun 12-31 Dec 18 .............. 658 Forcible Sodomy (Article 125) 26 December 2013-31 Dec 18 728 Before 26 December 2013 ..... 708 Forcing A Safeguard (Article 102) Before 1 Jan 19 ...................... 346 On Or After 1 Jan 19 ............ 1172 Forgery—Making Or Altering (Article 105) On Or After 1 Jan 19 ............ 1192 Forgery–Making Or Altering (Article 123) Before 1 Jan 19 ...................... 687 Forgery—Uttering (Article 105) On Or After 1 Jan 19 ............ 1195 Forgery–Uttering (Article 123) Before 1 Jan 19 ...................... 690 Forging Or Counterfeiting Signature In Connection With A Claim (Article 132) Before 1 Jan 19 ...................... 798 Forum Rights General And Special Courts- Martial Referred On Or After 1 January 2019 ....................... 14 General And Special Courts- Martial Referred Prior To 1 January 2019 ....................... 17 Special Court-Martial Consisting Of Military Judge Alone ....... 12 Fraternization (Article 134 On Or After 1 Jan 19 ............ 1628 Fraternization (Article 134) Before 1 Jan 19 ...................... 897 Fraudulent Enlistment Or Appointment (Article 104a) On Or After 1 Jan 19 ............ 1187 Fraudulent Enlistment Or Appointment (Article 83) Before 1 Jan 19 ...................... 221 Fraudulent Separation (Article 104a) On Or After 1 Jan 19 ............ 1189 Fraudulent Separation (Article 83) Before 1 Jan 19 ...................... 223 Gambling With Subordinate (Article 134) Before 1 Jan 19 ...................... 899 On Or After 1 Jan 19 ............ 1630 Giving Different Parole Or Countersign (Article 101) On Or After 1 Jan 19 ............ 1171 Giving Intelligence To The Enemy (Article 103b) On Or After 1 Jan 19 ............ 1183 Glossary .................................... 2017 Government Computers (Article 123) Offenses Concerning On Or After 1 Jan 19 ....... 1465 Graft (Article 124b) Asking, Accepting, Receiving On Or After 1 Jan 19 ....... 1495 Promising, Offereing, Giving On Or After 1 Jan 19 ....... 1496 Guilty Plea Acceptance Of .......................... 37 Competence Colloquy ............ 183 Factual Basis ............................ 25 Introduction ............................... 22 Mental Responsibility Colloquy .......................................... 183 Plea Agreement ........................ 34 Pretrial Agreement Judge Alone ........................ 28 Members ............................. 31 Stipulation Of Fact Inquiry ........ 23 Harboring Or Protecting The Enemy (Article 103b) On Or After 1 Jan 19 .............1182 Hazarding Of Vessel Or Aircraft— Through Neglect (Article 110) On Or After 1 Jan 19 .............1249 Hazarding Of Vessel Or Aircraft– Willful (Article 110) On Or After 1 Jan 19 .............1247 Hazarding Of Vessel–Through Neglect (Article 110) Before 1 Jan 19 ...................... 397 Hazarding Of Vessel–Willful (Article 110) Before 1 Jan 19 ...................... 396 Homicide, Negligent (Article 134) Before 1 Jan 19 ...................... 900 On Or After 1 Jan 19 .............1632 Housebreaking (Article 130) Before 1 Jan 19 ...................... 779 Hung Jury Instruction ................... 161 Impersonating A Commissioned, Warrant, Noncommissioned, Or Petty Officer Or Agent Or Official (Article 134) Before 1 Jan 19 ...................... 903 Impersonating An Officer, Noncommissioned Officer, Or Petty Officer Or Agent Or Official (Article 106) On Or After 1 Jan 19 .............1202 Improper Use Of Countersign– Disclosing Parole Or Countersign (Article 101) Before 1 Jan 19 ...................... 343 Improper Use Of Countersign— Disclosing Parole Or Countersign (Article 101) On Or After 1 Jan 19 .............1170 In Absentia Trial Instruction ......... 174 Incapacitation For Duty From Drunkenness Or Drug Use (Article 112) On Or After 1 Jan 19 .............1257 Indecent Act (Article 120) 1 Oct 07-27 Jun 12 ................. 579 Indecent Acts With A Child (Article 134) No Physical Contact Before 1 Jan 19 ................. 908 Physical Contact Before 1 Jan 19 ................. 906 Indecent Acts With Another (Article 134) Before 1 Jan 19 ...................... 915 Indecent Assault (Article 134) Before 1 Jan 19 ...................... 832 Indecent Conduct (Article 134) On Or After 1 Jan 19 .............1635 Indecent Exposure (Article 120) 1 Oct 07-27 Jun 12 ................. 588 Indecent Exposure (Article 120c) 28 Jun 12-31 Dec 18 .............. 660 On Or After 1 Jan 19 .............1432 Indecent Exposure (Article 134) Before 1 Jan 19 ...................... 910 Indecent Language Communicated To Another (Article 134) Before 1 Jan 19 ...................... 912 On Or After 1 Jan 19 .............1637 Indecent Liberty With A Child (Article 120) 1 Oct 07-27 Jun 12 ................ 573 Indecent Viewing, Indecent Recording, Or Broadcasting/Distribution Of An Indecent Recording (Article 120c 28 Jun 12-31 Dec 18 .............. 651 Indecent Viewing, Visual Recording, Or Broadcasting (Article 120c On Or After 1 Jan 19 ............ 1424 Index ......................................... 2019 Injuring An Unborn Child (Article 119a) Before 1 Jan 19 ...................... 490 Inspections .................................. 170 Instruction Right to Counsel or Silence, Comment on ...................... 166 Intentionally Killing An Unborn Child (Article 119a) Before 1 Jan 19 ...................... 500 Involuntary Manslaughter–Culpable Negligence (Article 119) Before 1 Jan 19 ...................... 484 Involuntary Manslaughter–While Perpetrating Or Attempting To Perpetrate Certain Offenses (Article 119) Before 1 Jan 19 ...................... 487 Joint Offenders (Article 77) Before 1 January 2019 ........... 192 On Or After 1 Jan 19 ............ 1001 Judge Alone Contested Findings .................. 42 Post-trial and Appellate Rights Advice ................................. 46 Sentencing ............................... 44 Jumping From Vessel Into The Water (Article 134) Before 1 Jan 19 ...................... 917 Jumping From Vessel Into The Water (Article 87) On Or After 1 Jan 19 ............ 1062 Kidnapping (Article 125) On Or After 1 Jan 19 ............ 1497 Kidnapping (Article 134) Before 1 Jan 19 ...................... 918 Killing An Unborn Child (Article 119a) Before 1 Jan 19 ...................... 493 Larceny (Article 121) Before 1 Jan 19 ...................... 662 On Or After 1 Jan 19 ............ 1434 Leaving The Scene Of A Vehicle Accident (Article 111) Driver Or Passenger Charged As A Principal On Or After 1 Jan 19 ....... 1251 Senior Passenger On Or After 1 Jan 19 ....... 1253 Looting Or Pillaging (Article 103) Before 1 Jan 19 ...................... 353 Looting Or Pillaging (Article 108a) On Or After 1 Jan 19 ............ 1232 Mail (Article 109a) Opening, Secreting, Destroying On Or After 1 Jan 19 ....... 1241 Stealing On Or After 1 Jan 19 ....... 1244 Taking On Or After 1 Jan 19 ....... 1238 Mail (Article 134) Depositing Or Causing To Be Deposited Obscene Matter In Before 1 Jan 19 ................. 931 Opening, Secreting, Destroying Before 1 Jan 19 ................. 924 Stealing Before 1 Jan 19 ................. 928 Taking Before 1 Jan 19 ................. 920 Mail—Deposit Of Obscene Matter (Article 120a) On Or After 1 Jan 19 ............ 1407 Maiming (Article 124) Before 1 Jan 19 ...................... 702 Maiming (Article 128a) On Or After 1 Jan 19 ............ 1542 Making False Claim (Article 132) Before 1 Jan 19 ...................... 789 Making False Oath In Connection With A Claim (Article 132) Before 1 Jan 19 ...................... 795 Making Or Delivering Receipt Without Knowledge It Is True (Article 124) On Or After 1 Jan 19 ............ 1491 Making Or Using False Writing In Connection With A Claim (Article 132) Before 1 Jan 19 ...................... 793 Making Receipt Without Knowledge Of The Facts (Article 132) Before 1 Jan 19 ...................... 803 Malingering (Article 83) On Or After 1 Jan 19 ............ 1031 Malingering, Self-Inflicted Injury (Article 115) Before 1 Jan 19 ...................... 454 Manslaughter (Article 119) Involuntary Manslaughter- Culpable Negligence On Or After 1 Jan 19 ....... 1346 Involuntary Manslaughter-While Perpetrating Certain Offenses On Or After 1 Jan 19 ....... 1349 Voluntary On Or After 1 Jan 19 ....... 1343 Manslaughter, Involuntary–Culpable Negligence (Article 119) Before 1 Jan 19 ...................... 484 Manslaughter, Involuntary–While Perpetrating Or Attempting To Perpetrate Certain Offenses (Article 119) Before 1 Jan 19 ...................... 487 Manslaughter, Voluntary (Article 119) Before 1 Jan 19 ...................... 481 Members Case - Sentencing Only ................................................ 100 Members Contested Case ............. 48 Challenges ............................... 57 Closing Substantive Findings Instructions .......................... 66 Findings Announcement ........... 73 Findings Argument .................... 68 Findings Instructions Discussion ............................................. 62 Lesser Included Offense(s) Instructions .......................... 64 Prefatory Findings Instructions . 63 Preliminary Instructions ............ 48 Procedural Findings Instructions ............................................. 69 Sentencing Forum Selection..... 75 Sentencing Instructions Discussion ........................... 78 Sentencing Proceedings ........... 76 Trial On Merits .......................... 61 Voir Dire .................................... 53 Members Contetsed Case Presentencing Session ............. 72 Mental Capacity And Responsibility Capacity To Stand Trial ........1733 Evaluation Of Testimony .......1741 Generally ..............................1732 Mental Responsibility At Time Of Offense ............................1735 Partial Mental Responsibility.1738 Preliminary Instructions On Mental Responsibility .......1734 Procedural Instruction On Findings ...........................1743 Reconsideration Instructions Findings ...........................1748 Sentencing Factors ...............1752 Mental Responsibility and Competence Colloquy During Guilty Plea .............................. 183 Misbehavior Before The Enemy, Running Away (Article 99) Before 1 Jan 19 ...................... 320 On Or After 1 Jan 19 .............1146 Misbehavior Before The Enemy– Abandonment, Surrender, Or Delivering Up Of Command (Article 99) Before 1 Jan 19 ...................... 322 Misbehavior Before The Enemy— Abandonment, Surrender, Or Delivering Up Of Command (Article 99) On Or After 1 Jan 19 .............1148 Misbehavior Before The Enemy– Casting Away Arms Or Ammunition (Article 99) Before 1 Jan 19 ...................... 326 Misbehavior Before The Enemy— Casting Away Arms Or Ammunition (Article 99) On Or After 1 Jan 19 .............1152 Misbehavior Before The Enemy– Causing False Alarm (Article 99) Before 1 Jan 19 ...................... 331 Misbehavior Before The Enemy— Causing False Alarm (Article 99) On Or After 1 Jan 19 .............1158 Misbehavior Before The Enemy– Cowardly Conduct (Article 99) Before 1 Jan 19 ...................... 327 Misbehavior Before The Enemy— Cowardly Conduct (Article 99) On Or After 1 Jan 19 ............ 1154 Misbehavior Before The Enemy— Endangering Safety Of Command (Article 99 On Or After 1 Jan 19 ............ 1150 Misbehavior Before The Enemy– Endangering Safety Of Command (Article 99) Before 1 Jan 19 ...................... 324 Misbehavior Before The Enemy– Failure To Afford Relief (Article 99) Before 1 Jan 19 ...................... 335 Misbehavior Before The Enemy– Failure To Do Utmost (Article 99) Before 1 Jan 19 ...................... 333 Misbehavior Before The Enemy— Quitting Place Of Duty To Plunder Or Pillage (Article 99) On Or After 1 Jan 19 ............ 1156 Misbehavior Of Sentinel Or Lookout (Article 113) Before 1 Jan 19 ...................... 447 Misconduct As A Prisoner (Article 105) Before 1 Jan 19 ...................... 362 Misconduct As A Prisoner–Acting Without Authority To The Detriment Of Another (Article 98) On Or After 1 Jan 19 ............ 1142 Misconduct As A Prisoner– Maltreatment Of Prisoner (Article 105) Before 1 Jan 19 ...................... 364 Misconduct As A Prisoner— Maltreatment Of Prisoner (Article 98) On Or After 1 Jan 19 ............ 1144 Misprision Of Serious Offense (Article 131c) On Or After 1 Jan 19 ............ 1573 Misprision Of Serious Offense (Article 134) Before 1 Jan 19 ...................... 933 Missing Movement (Article 87) Before 1 Jan 19 ...................... 250 On Or After 1 Jan 19 ............ 1060 Motion for a Finding of Not Guilty - Instruction to Members ........... 154 Murder (Article 118) Felony Murder On Or After 1 Jan 19 ....... 1341 Premeditated On Or After 1 Jan 19 ....... 1332 Unpremeditated On Or After 1 Jan 19 ....... 1335 While Engaging In An Act Inherently Dangerous To Another On Or After 1 Jan 19 ....... 1339 Murder While Engaging In An Act Inherently Dangerous To Another (Article 118) Before 1 Jan 19 ...................... 473 Murder, Felony (Article 118) 28 Jun 12-31december 2018 . 478 Before 28 Jun 12 .................... 475 Murder, Premeditated (Article 118) Before 1 Jan 19 ...................... 466 Murder, Unpremeditated (Article 118) Before 1 Jan 19 ...................... 469 Mutiny By Creating Violence Or Disturbance (Article 94) On Or After 1 Jan 19 ............ 1120 Mutiny By Refusing To Obey Orders Or To Perform Duty (Article 94) Before 1 Jan 19 ...................... 287 On Or After 1 Jan 19 ............ 1121 Negligent Homicide (Article 134) Before 1 Jan 19 ...................... 900 On Or After 1 Jan 19 ............ 1632 Noncompliance With Procedural (Article 131f) Fail To Enforce Comply With Code On Or After 1 Jan 19 ....... 1580 Noncompliance With Procedural Rules (Article 131f) Unnecessary Delay Disposing Of Case On Or After 1 Jan 19 ....... 1579 Nonjudicial Punishmnet Credit Instruction ............................... 167 Nonmilitary Property–Personal Property– Destroying Or Damaging (Article 109) Before 1 Jan 19 ...................... 394 Nonmilitary Property–Real Property– Wasting Or Spoiling (Article 109) Before 1 Jan 19 ...................... 392 Oath Members .................................. 48 Obstructing Justice (Article 131b) On Or After 1 Jan 19 ............ 1568 Obstructing Justice (Article 134) Before 1 Jan 19 ...................... 935 Obtaining Services Under False Pretenses (Article 134 Before 1 Jan 19 ...................... 884 Pandering (Article 120c) On Or After 1 Jan 19 ............ 1430 Pandering (Article 134) Arranging Or Receiving Compensation For Sexual Act On Or After 1 Jan 19 ....... 1645 Inducing, Enticing, Procuring Prostitution On Or After 1 Jan 19 ....... 1643 Pandering By Arranging Or Receiving Compensation For Arranging For Sexual Intercourse Or Sodomy (Article 134) Before 1 Jan 19 ...................... 952 Pandering By Inducing, Enticing, Or Procuring Act Of Prostitution (Article 134) Before 1 Jan 19 ...................... 950 Parole—Violation Of (Article 107a) On Or After 1 Jan 19 ............ 1210 Parole–Violation Of (Article 134) Before 1 Jan 19 ...................... 954 Perjury (Article 131) False Testimony On Or After 1 Jan 19 ........1558 Subscribing False Statement On Or After 1 Jan 19 ........1561 Perjury–False Testimony (Article 131) Before 1 Jan 19 ...................... 782 Perjury—Subornation Of (Article 131a) On Or After 1 Jan 19 .............1564 Perjury–Subornation Of (Article 134) Before 1 Jan 19 ...................... 956 Perjury–Subscribing False Statement (Article 131) Before 1 Jan 19 ...................... 786 Polygraph Examinations ............1651 Post-Trial Article 39(a) Session .2008 Presenting False Claim (Article 132) Before 1 Jan 19 ...................... 791 Pretrial or Plea Agreement Dismissal of Charge Colloquy ................. 140 Prevention Of Authorized Seizure Of Property (Article 131e) On Or After 1 Jan 19 .............1578 Principals—Aiding, Abetting, Counseling, Commanding, Or Procuring (Article 77) Before 1 Jan 19 ...................... 191 On Or After 1 Jan 19 .............1000 Prisoner Found Drunk (Article 134) Before 1 Jan 19 ...................... 875 Pro Se Representation Colloquy . 135 Prohibited Activities With Recruit Or Trainee By Person In Position Of Special Trust (Article 93a On Or After 1 Jan 19 .............1117 Promoting A Duel (Article 114) Before 1 Jan 19 ...................... 451 Prostitution (Article 134) Before 1 Jan 19 ...................... 946 On Or After 1 Jan 19 .............1639 Patronizing Before 1 Jan 19 ................. 948 On Or After 1 Jan 19 ........1641 Provoking Speeches Or Gestures (Article 117) Before 1 Jan 19 ...................... 459 On Or After 1 Jan 19 .............1325 Public Record–Altering, Concealing, Removing, Mutilating, Obliterating, Or Destroying (Article 134) Before 1 Jan 19 ...................... 960 Public Records Offenses (Article 104) On Or After 1 Jan 19 .............1186 Punitve Discharge, Argument for, Colloquy .................................. 180 Quarantine–Medical–Breaking (Article 134) Before 1 Jan 19 ...................... 962 Rape (Article 120) 1 Oct 07-27 Jun 12 ................. 528 28 Jun 12-31 Dec 18 .............. 589 Before 1 Oct 07 ....................... 504 On Or After 1 Jan 19 .............1368 Rape Of A Child (Article 120b) 28 Jun 12-31 Dec 18 .............. 633 On Or After 1 Jan 19 ............ 1408 Reasonable Doubt Air Force Definition............. 49, 67 Army/Coast Guard Definition .. 49, 67 Navy/USMC Definition ....... 49, 67 Reckless Endangerment (Article 114) On Or After 1 Jan 19 ............ 1306 Reckless Endangerment (Article 134) Before 1 Jan 19 ...................... 964 Reconsideration Instructions Findings.................................. 156 Sentence ................................ 162 Rehearing Script ....................... 1981 Relative Severity of Sentence Instruction ............................... 158 Releasing Prisoner Without Authority (Article 96) Before 1 Jan 19 ...................... 313 On Or After 1 Jan 19 ............ 1136 Resisting Apprehension (Article 87a) On Or After 1 Jan 19 ............ 1063 Resisting Apprehension (Article 95) Before 1 Jan 19 ...................... 296 Restriction–Breaking (Article 134) Before 1 Jan 19 ...................... 968 Retaliation (Article 132) Discouraging A Report On Or After 1 Jan 19 ....... 1588 Threatening Or Taking Adverse Action On Or After 1 Jan 19 ....... 1585 Riot (Article 116) Before 1 Jan 19 ...................... 456 On Or After 1 Jan 19 ............ 1322 Robbery (Article 122) Before 1 Jan 19 ...................... 684 On Or After 1 Jan 19 ............ 1461 Sedition (Article 94) Before 1 Jan 19 ...................... 290 On Or After 1 Jan 19 ............ 1123 Seizure–Destruction, Removal, Or Disposal Of Property To Prevent (Article 134) Before 1 Jan 19 ...................... 970 Self-Injury Without Intent To Avoid Service (Article 134) Before 1 Jan 19 ...................... 972 On Or After 1 Jan 19 ............ 1647 Selling Or Disposing Of Military Property (Article 108) Before 1 Jan 19 ...................... 374 On Or After 1 Jan 19 ............ 1212 Sentence Rehearing Script ....... 1970 Sentencing Rights Straddling Cases ...................... 19 Sentinel Or Lookout–Disrespect To (Article 134) Before 1 Jan 19 ...................... 974 Sentinel Or Lookout–Drunk Or Sleeping On Or Leaving Post (Article 95) On Or After 1 Jan 19 ............ 1129 Sentinel Or Lookout–Loitering (Article 134) Before 1 Jan 19 ...................... 976 Sentinel Or Lookout–Loitering (Article 95 On Or After 1 Jan 19 ............ 1132 Sexual Abuse Of A Child (Article 120b On Or After 1 Jan 19 ............ 1418 Sexual Abuse Of A Child (Article 120b) 28 Jun 12-31 Dec 18 .............. 645 Sexual Assault (Article 120) 28 Jun 12-31 Dec 18 .............. 598 On Or After 1 Jan 19 ............ 1377 Sexual Assault Of A Child (Article 120b) 28 Jun 12-31 Dec 18 .............. 640 On Or After 1 Jan 19 ............ 1413 Simple Assault (Article 128) Before 1 Jan 19 ...................... 748 Simple Assault (With An Unloaded Firearm) (Article 128) Before 1 Jan 19 ...................... 750 Sodomy–Not Involving Force (Article 125) Before 26 December 2013 ..... 704 Solicitation Of Desertion Or Mutiny (Article 82) Before 1 Jan 19 ...................... 216 Solicitation Of Misbehavior Before The Enemy Or Sedition (Article 82) Before 1 Jan 19 ...................... 219 Soliciting Another To Commit An Offense (Article 134) Before 1 Jan 19 ...................... 978 Soliciting Desertion, Mutiny, Misbehavior Before The Enemy, Or Sedition (Article 82) On Or After 1 Jan 19 ............ 1024 Soliciting The Commission Of Other Offenses (Article 82) On Or After 1 Jan 19 ............ 1028 Spying (Article 103) On Or After 1 Jan 19 ............ 1173 Spying (Article 106) Before 1 Jan 19 ...................... 366 Stalking (Article 120a) Before 1 Jan 19 ...................... 630 Stalking (Article 130) On Or After 1 Jan 19 ............ 1555 Statute of Limitations Colloquy .... 153 Statutory Waiting Period, Waiver Colloquy.................................. 134 Stipulations of Fact and Expected Testimony (not IAW pretrial or plea agreement) ..................... 175 Stolen Property (Article 122a) Receiving On Or After 1 Jan 19 ....... 1464 Stolen Property–Knowingly Receiving, Buying, Concealing (Article 134) Before 1 Jan 19 ...................... 982 Straggling (Article 134) Before 1 Jan 19 ...................... 984 On Or After 1 Jan 19 ............ 1649 Striking The Colors Or Flag (Article 100) Before 1 Jan 19 ...................... 341 On Or After 1 Jan 19 .............1168 Suffering A Prisoner To Escape Through Design (Article 96) Before 1 Jan 19 ...................... 315 Suffering A Prisoner To Escape Through Neglect (Article 96) Before 1 Jan 19 ...................... 314 Suffering Military Property To Be Lost, Damaged, Sold, Or Wrongfully Disposed Of (Article 108) Before 1 Jan 19 ...................... 384 On Or After 1 Jan 19 .............1220 Suspension Without Deferment Colloquy .................................. 143 Testify–Wrongful Refusal (Article 131d) On Or After 1 Jan 19 .............1575 Testify–Wrongful Refusal (Article 134) Before 1 Jan 19 ...................... 985 Threat To Use Explosive (Article 115) On Or After 1 Jan 19 .............1317 Threat—Communicating (Article 115) On Or After 1 Jan 19 .............1315 Threat–Communicating (Article 134) Before 1 Jan 19 ...................... 993 Unborn Child (Article 119a) Attempted Killing On Or After 1 Jan 19 ........1358 Injuring On Or After 1 Jan 19 ........1352 Intentionally Killing On Or After 1 Jan 19 ........1362 Killing On Or After 1 Jan 19 ........1355 Unlawful Detention (Article 97) Before 1 Jan 19 ...................... 316 On Or After 1 Jan 19 .............1141 Unlawful Entry (Article 129) On Or After 1 Jan 19 .............1554 Unlawful Entry (Article 134) Before 1 Jan 19 ...................... 995 Using Forged Signature In Connection With A Claim (Article 132) Before 1 Jan 19 ...................... 799 Victim's Counsel Qualifications .... 189 Views ........................................... 170 Violating General Order Or Regulation (Article 92) Before 1 Jan 19 ...................... 275 On Or After 1 Jan 19 .............1107 Violating Other Written Order Or Regulation (Article 92) Before 1 Jan 19 ...................... 278 Violating Other Written Order Or Regulation / Failing To Obey Other Lawful Order (Article 92) On Or After 1 Jan 19 .............1110 Voluntary Manslaughter (Article 119) Before 1 Jan 19 ...................... 481 Waiver of Article 13 Motion Colloquy ............................................... 150 Waiver of Conflict-Free Counsel Colloquy ................................. 138 Waiver of Members Colloquy ...... 146 Waiver of Motions Colloquy ........ 147 Wasting Or Spoiling Nonmilitary Property (Article 109) On Or After 1 Jan 19 ............ 1234 Weapon—Carrying Concealed (Article 114) On Or After 1 Jan 19 ............ 1313 Weapon–Carrying Concealed (Article 134) Before 1 Jan 19 ...................... 996 Wearing Unauthorized Insignia, Decoration, Badge, Ribbon, Device, Or Lapel Button (Article 106a) On Or After 1 Jan 19 ............ 1204 Wearing Unauthorized Insignia, Decoration, Badge, Ribbon, Device, Or Lapel Button (Article 134) Before 1 Jan 19 ...................... 998 Willful Disobedience Of A Superior Commissioned Officer (Article 90) Before 1 Jan 19 ...................... 261 Willful Disobedience Of Warrant, Noncommissioned, Or Petty Officer (Article 91) Before 1 Jan 19 ...................... 269 Willfully Disobeying A Superior Commissioned Officer (Article 90) On Or After 1 Jan 19 ............ 1095 Willfully Disobeying A Warrant, Noncommissioned, Or Petty Officer (Article 91) On Or After 1 Jan 19 ............ 1101 Wrongful Appropriation (Article 121) Before 1 Jan 19 ...................... 674 On Or After 1 Jan 19 ............ 1447 Wrongful Broadcast Or Distribution Of Intimate Visual Images (Article 117a) Before 1 Jan 19 ...................... 461 Wrongful Cohabitation (Article 134) Before 1 Jan 19 ...................... 858 Wrongful Interference With An Adverse Administrative Proceeding (Article 131g) On Or After 1 Jan 19 .............1581 Wrongful Interference With An Adverse Administrative Proceeding (Article 134 Before 1 Jan 19 ...................... 941 Wrongful Sexual Contact (Article 120) 1 Oct 07-27 Jun 12 ................. 583 Wrongful Use Or Possession Of False Or Unauthorized Pass (Article 134) Before 1 Jan 19 ...................... 882