MILITARY LAW W4K0001XQ STUDENT HANDOUT

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UNITED STATES MARINE CORPSTHE BASIC SCHOOLMARINE CORPS TRAINING COMMANDCAMP BARRETT, VIRGINIA 22134-5019MILITARY LAWW4K0001XQSTUDENT HANDOUTWarrant Officer Basic Course

W4K0001XQMilitary LawMilitary LawIntroductionThe Supreme Court has characterized the armed forces as a"society apart;" a society within a society, with special societalneeds, norms, and mores. That society also needs, and has, itsown distinct legal system established by Congress to satisfy theneeds of a society whose principal purpose is "to win wars." Thecourts have consistently recognized that some restraints on libertyand some legal procedures that would not be acceptable inAmerican society generally, (e.g., inspection procedures), arepermissible in the military community.Military law consists of the following: Statutes governing the military establishment and regulationsissued there under. Constitutional powers of the President and regulations issuedthere under. Inherent authority of military commanders.ImportanceThe purpose of military law is to: Promote justice. Assist in maintaining good order and discipline in the armedforces. Promote efficiency and effectiveness in the militaryestablishment, and thereby strengthen the national security ofthe United States (US).In This LessonThis lesson covers the following topics:TopicPageLearning ObjectivesCreation of Uniform Code of Military Justice (UCMJ)RegulationsManual for Courts-MartialLevels of Military Justice SystemEvidentiary SeizuresApprehensionSearch and SeizuresInspectionsTypes of DischargesSummaryReferencesGlossary of Terms and AcronymsNotes356792124263336404040412Warrant Officer Basic Course

W4K0001XQMilitary LawMilitary Law (Continued)In This Lesson(Continued)This lesson covers the following topics (continued):TopicPageAppendix A, USMJ Punitive ArticlesAppendix B, Non-Judicial Punishment ChartAppendix C, Suspect’s RightsAcknowledgement/StatementRightsAppendix D, Military Suspect’sAcknowledgement and Waiver of Rights4268697071Learning ObjectivesTerminal Learning Objectives:TBS-UCMJ-2206 Given a scenario without the aid of references, determine how toconduct a lawful inspection without omission in accordance with the Uniformed Codeof Military Justice.TBS-UCMJ-2205 Given a scenario without the aid of references, determine how toconduct a lawful search and seizure without omission in accordance with theUniformed Code of Military Justice.TBS-UCMJ-2204 Given a scenario without the aid of references, identify how toapprehend a suspect without omission in accordance with the Uniformed Code ofMilitary Justice.TBS-UCMJ-1008 Without the aid of references, identify types of courts-martial withoutomitting key components.TBS-UCMJ-1007 Without the aid of references, define the forms of punishment forviolations of the UCMJ without omitting key components.TBS-UCMJ-1006 Without the aid of references, identify punitive articles of the UCMJwithout omitting key components.TBS-UCMJ-1005 Without the aid of reference, identify the characterizations ofseparations without omitting key components.TBS-UCMJ-1004 Without the aid of reference, identify key components of the MilitaryJustice System without omission.TBS-UCMJ-1002 Without the aid of reference, define Article 31b, Rights of theAccused without omitting key components.TBS-UCMJ-1001 Without the aid of references, define Article 15, Non-JudicialPunishment (NJP) without omitting key components.3Warrant Officer Basic Course

W4K0001XQMilitary LawMilitary Law (Continued)Enabling Learning Objectives:TBS-UCMJ-1001a Given an evaluation, identify the purpose of Non-JudicialPunishment without error.TBS-UCMJ-1001b Given an evaluation, define the right to refuse NJP without error.TBS-UCMJ-1001c Given a scenario, with the aid of UCMJ, determine thepunishments available for company NJP without omission.TBS-UCMJ-1001d Given a scenario, with the aid of the UCMJ, determine thepunishments available for battalion NJP without omission.TBS-UCMJ-1001e Given a scenario, with the aid of the UCMJ, determine thepunishments available for officer NJP without omission.TBS-UCMJ-1001f Given a scenario, with the aid of the UCMJ, identify NJP appealrights without omission.TBS-UCMJ-1002a Given an evaluation, define Article 31b, Rights of the Accusedwithout error.TBS-UCMJ-1002b Given an evaluation, identify how to advise a suspect of Article 31Rights without omission.TBS-UCMJ-1004a Given an evaluation, identify personnel subject to the UCMJwithout omission.TBS-UCMJ-1004b Given an evaluation, identify personnel responsible for enforcingthe UCMJ without omission.TBS-UCMJ-1005a Given an evaluation, define types of discharges without omission.TBS-UCMJ-1006a Given an evaluation, define the term punitive article without error.TBS-UCMJ-1006b Given an evaluation, identify offenses without omission.TBS-UCMJ-1006c Given an evaluation, identify elements for an offense withoutomission.TBS-UCMJ-1008a Given an evaluation, identify courts-martial convening authoritieswithout omission.TBS-UCMJ-2204a Given an evaluation, define the term "apprehend" as it applies tothe UCMJ without error.TBS-UCMJ-2204b Given an evaluation, define the term "suspect" as it applies to theUCMJ without error.4Warrant Officer Basic Course

W4K0001XQMilitary LawMilitary Law (Continued)LearningObjectives(Continued)Enabling Learning Objectives (Continued):TBS-UCMJ-2205a Given an evaluation, define the term probablecause without error.TBS-UCMJ-2205b Given an evaluation, define the term searchwithout error.TBS-UCMJ-2205c Given an evaluation, define the term seizurewithout error.TBS-UCMJ-2206a Given an evaluation, identify the purpose ofinspecting without error.TBSUCMJ-2206b Given an evaluation, identify appellate levels ofthe Military Justice System without error.Creation of Uniform Code of Military Justics (UCMJ)Prior to 1950, each service had its own punitive regulations. In 1950, Congress draftedand enacted a Uniform Code of Military Justice (UCMJ), which constitutes the militarylaw of the US. The UCMJ, found in Title 10, US Code: Was passed by Congress and signed into federal law by the President. Has 146 subsections, referred to as "Articles." These 146 articles are furtherdivided into two groupso Articles 1 through 76 and 135 through 146 are procedural in nature.o Articles 77 through 134 are the punitive articles that detail the criminal lawapplicable to the armed forces.Manual for Courts –Martial (MCM, 2012 Ed)“The Manual”JurisdictionThe Manual for Courts-Martial is the document thatimplements the UCMJ.Issued by executive order signed by the President in hiscapacity as commander-in-chief, subsections of the MCM,2012 (Ed.) are referred to as either: "Rules for Courts-Martial" (RCM) “Military Rules of Evidence" (MRE) "Punitive Articles”Jurisdiction is the power to execute the laws andadminister justice. The UCMJ applies to all active dutyservice members, anytime, anywhere. The Marine Corpshas jurisdiction over all service members on active duty.Jurisdiction commences with a valid enlistment or andends with delivery of valid discharge papers. The UCMJalso applies to: Reservists on active duty, including drill weekends. Military retirees.5Warrant Officer Basic Course

W4K0001XQMilitary LawRegulationsCongress authorizes service secretaries to issue regulations governing the conduct oftheir respective services. The Secretary of the Navy (SecNav) has promulgated USNavy Regulations (Navy Regs) as the controlling authority for Department of Navyregulations. Navy Regs cover numerous subjects including: The role of the Chief of Naval Operations and the Commandant of the Marine Corps(CMC). Ceremonial details and protocol. Various prohibitions on relationships between members of the Department of theNavy (e.g., Navy Regs define and prohibit fraternization and sexual harassment). Other Regulationso JAGINST 5800.7E. Manual of the Judge Advocate General (JAGMAN). While theJAGMAN covers numerous matters concerning legal administration, chapter II isthe primary reference for administrative (vice criminal) investigations.o Marine Corps Manual. Senior Marine Corps Regulation.o MCO P5800.16A. Marine Corps Manual for Legal Administration(LEGADMINMAN). Covers the administration of many legal situations including: Nonjudicial punishment. Officer misconduct. Unauthorized absences. Details of Marine Corps policy on topics such as: Paternity. Dependant support. Indebtedness.6Warrant Officer Basic Course

W4K0001XQMilitary LawManual for Courts MartialPunitive Articles (77-134). Set out in Part IV of the Manual, each punitive article is inthe same format; including the fifty-two separate offenses listed under Article 134 (seeAppendix A for samples of some common offenses). Each punitive article consists of: Text of the article. Elements of the offense. Facts the government must prove beyond a reasonabledoubt to convict a service member at court-martial. Explanation. A narrative discussion of the offense with definitions of key terms. Lesser included offenses. Maximum punishment.Note: Offenses addressed at nonjudicial punishment, summary court-martial,andspecial courts-martial have jurisdictional limits that may affect the maximumpunishment possible. Sample specification(s).Finding the Proper Charge and Specification.Step1ActionGet all of the facts. Review them and make sure you understand them.2Identify the potential charge(s) by reviewing the contents of Part IV, Manualfor Courts-Martial, 2012 Ed. to determine the applicable article(s). (SeeMCM, 2012 Ed., Table of Contents, Page xxiv.)3Examine the elements and all explanation paragraphs in Part IV, MCM, 2012(Ed.), for each article you think may be applicable.4Match the facts as you know them with the elements and explanationparagraphs. There must be evidence, direct or circumstantial, establishingeach element.5Draft the specification(s) using the sample specifications contained in Part IV,MCM, 2012 Ed. Use the exact wording that is contained in the samplespecification.6Do not hesitate to call the trial counsel (prosecutor) who supports your unit.7Warrant Officer Basic Course

W4K0001XQMilitary LawManual for Courts Martial (Continued)Initiating and Preferring Charges. Initiate. To bring or report an allegation concerning an offense to the attention ofmilitary authorities. Charges may be initiated by any:o Person, civilian or military.o Means: letter, hotline complaint, telephone call, log book entry, etc. Prefer. To formally accuse a military member, under oath, of an offense underthe UCMJ. When the accuser swears to charges, he or she is said to have"preferred" charges. The accuser:o Swears that there is sufficient information available to believe there is afactual basis for the charges.o Must be a person subject to the UCMJ.o Signs the charges and specifications under oath before a commissionedofficer of the armed forces authorized to administer oaths.Charges and Specifications. Charge. What article of the UCMJ (by number) has allegedly been violated?Specifications. A statement of how the accused is supposed to have violated thearticle.Example:Charge: Violation of the Uniform Code of Military Justice, Article 121. Specification:In that Private John D. Dillinger, US Marine Corps, Marine Fighter Attack Squadron314, Marine Aircraft Group 11, Third Marine Aircraft Wing, Fleet Marine Force,Pacific, did, at Marine Corps Air Station, El Toro, California, on or about 2 January2006, steal a wrist watch, of a value of about 75.00, the property of Sergeant J. E.Hoover, US Marine Corps.Lesser Included Offenses (LIO). An offense other than the one charged, whichcontains some, but not all, of the elements of the offense charged, and no elementsdifferent from the offense charged. An attempt to commit the charged offense is alwaysan LIO of the charged offense (for example, attempted larceny). An attempt to commitan LIO of the charged offense is a lesser included offense of the charged offense.Because an LIO is a necessarily included offense within the original charge, there is norequirement to list it as a separate charge and specification.Examples of LIOs: Unauthorized absence (UA) is an LIO of desertion. Wrongful appropriation is an LIO of larceny.8Warrant Officer Basic Course

W4K0001XQMilitary LawManual for Courts Martial (Continued)Intent. Intent is that state of mind required to commit an offense. To be criminally liable,an accused must: Have committed an act Also have had a "guilty mind" while doing the act. It is presumed that oneintends for the logical consequences of his actions to occur.A general intent offense exists when the article does not indicate that a specific state ofmind or element of knowledge is part of the offense. (In other words, if the article doesnot mention “intent” in the elements, it is normally a general intent offense.) Since it ispresumed the accused intended the act, the government has no obligation to provegeneral intent. Examples of general intent offenses include: UA. Simple assault.A specific intent offense exists when the article requires a specific state of mind orelement of knowledge to exist in order for an offense to be committed. (In other words,the government must affirmatively prove state of mind.) To determine if a specific stateof mind or knowledge is required to commit an offense, examine the text of the articleand the elements of the offense appearing in Part IV, MCM, 2012 (Ed.). Examples ofspecific intent offenses include: Desertion. Larceny. Assault with intent to inflict grievous bodily harm.Defenses. There are various types of defenses to charged misconduct. Defensesinvolve special rules and do not apply to all situations. Examples of some defenses are Lack of requisite criminal intent. Alibi. Impossibility. Ignorance or mistake of fact. Self-defense. Coercion or duress. Accident.Refer questions about possible defenses to a charge to your staff judge advocate.Levels of the Military Justice SystemA commander has two avenues by which to decide how to appropriately resolve anissue before him/her: Non-punitive measures Punitive measuresNon-Punitive Measures. Non-Punitive measures are corrective measures/leadershiptools that are designed to overcome noted deficiencies in a unit or an individual and arenot imposed as a punishment. Non-Punitive measures include: Informal and formal counseling.9Warrant Officer Basic Course

W4K0001XQMilitary LawLevels of the Military Justice System (Continued)Non-Punitive Measures (Continued) Extra military instruction. Non-Punitive Letter of Caution Administrative withholding of privileges.Extra Military Instruction (EMI). EMI is not meant to be punishment. EMI measuresmust: Logically relate to the deficiency. Serve a valid training purpose.EMI may be performed after normal working hours, but only: After approval of the commanding officer. Under supervision.EMI is never to be performed: For more than two hours a day. On a Marine’s Sabbath – this will vary by individual.Chapter I of the JAGMAN details the specific requirements for EMI. For example: Extra drill for drill failures is permissible. Cleaning the head is not allowed for drill failure; this constitutes unlawfulpunishment.Non-Punitive Letter of Caution (NPLOC). A NPLOC is a written censure thatis considered a personal matter between the individual receiving it and thesuperior issuing it. Censure is criticism of one's conduct or performance of duty.Once issued, a NPLOC ceases to exist from an official standpoint. Although theunderlying facts giving rise to the NPLOC may be mentioned on a fitness report,the letter itself cannot.Administrative Withholding of Privileges. A privilege is a benefit, advantage or favorprovided for the convenience or enjoyment of an individual. A commander, (including aplatoon commander), may withhold privileges, so long as an individual is not deprivedof normal liberty. The following are examples of privileges: special liberty,enlisted/officer clubs, commissary, PX, bowling alley, on-base driving. For example, ifa Marine becomes drunk and causes a disturbance at the base theater, thecommander may put the base theater off-limits to the Marine for a limited period oftime.Because the measures described above are non-punitive, any small unit leader (downto fire team leader) may use them. Platoon commanders must closely monitor the useof such measures by enlisted subordinates to ensure that illegal punishment is notinadvertently imposed.10Warrant Officer Basic Course

W4K0001XQMilitary LawLevels of the Military Justice System (Continued)Punitive Measures. Punitive measures are designed to punish wrongdoing.Punitive measures include: NJP, summary courts-martial, special courts-martial andgeneral courts-martial.Non-Judicial Punishment (NJP). The lowest level of punitive measure, NJP isimposed by commanding officers and officers-in-charge on members of their commandsfor minor offenses. The purpose of NJP is to quickly correct minor offenses withoutresort to trial by court-martial. Non-Judicial punishment is known by several titles: NJP. Office hours (Marine Corps). Captain's mast (Navy/Coast Guard). Article 15 punishment (Army/Air Force).Authority to Impose NJPWho may impose NJP? The power to imposepunishment is an aspect of command; rank alone doesnot confer NJP authority.Company commanders and higher may imposepunishment on commissioned and warrant officers andenlisted members of their commands. (By custom,officer NJP is typically reserved to general officers incommand, although commanders down tobattalion/squadron level sometimes exercise it.Officers-in-charge who are specifically detailed as suchby Table of Organization (T/O), commanding general'sorders, or other such authority, may impose punishmenton enlisted members of their units only.Delegation of AuthorityOnly a flag or general officer-in-command may delegatethe power to impose NJP.If the second-in-command assumes command, he/shealso assumes NJP authority. This is succession tocommand, not a delegation of authority.Punishable OffensesMinor offenses under the UCMJ are properly punishableat NJP. What constitutes a "minor offense" depends onthe facts and circumstances surrounding its commission;commanding officers have wide discretion in determiningwhich offenses are "minor.11Warrant Officer Basic Course

W4K0001XQMilitary LawLevels of the Military Justice System (Continued)Non-Judicial Punishment (Continued)Rights of the Accused atNJPPrior to the imposition of NJP, a preliminary inquiry mustbe conducted. The accused has the right to know: The nature of the offense(s) of which suspected. That the Commanding Officer is contemplatingoffice hours.The accused has an absolute right to refuse NJP: Unless attached to or embarked on a vessel. During the NJP proceeding, up until the momentpunishment is imposed. The punishment isconsidered imposed when it is announced by thecommanding officer.If an accused refuses NJP, the commanding officer hasseveral options: Refer the case to trial by court-martial (or, if he/sheis not a court-martial convening authority, forwardthe case to a senior commanding officerrecommending such referral). Take no further action. Use administrative / non-punitive measures toresolve the case.Right to Confer withCounselAn accused has no right to detailed defense counsel atNJP. Before deciding whether or not to accept NJP, anaccused has the right to confer with an independentlawyer to help make that decision.Counsel merely assists the accused in deciding whetheror not to accept NJP; counsel does not normallyrepresent the accused at NJP. As a practical matter,always provide a Marine the opportunity to speak withcounsel prior to imposing NJP. An accused may alsowaive the right to talk to counsel.The accused has an absolute right to remain silent and to make no statement at all. Theaccused has the right to ask questions of any witness who makes a statement at thehearing and to present evidence in his or her behalf (including a statement of his or herown). The accused has the right to end the hearing and refuse NJP at any time beforepunishment is actually announced.12Warrant Officer Basic Course

W4K0001XQMilitary LawLevels of the Military Justice System (Continued)Non-Judicial Punishment (Continued)Procedures at NJPStep1ActionThe individual who conducted the preliminary inquiry submits a report (oral orwritten) to the commanding officer, who decides whether or not to hold NJP.The report may be based on a Criminal Investigation Division (CID) or NavalCriminal Investigative Service (NCIS) report.2If NJP is to be held, the: Unit punishment book (UPB) is prepared. Accused is informed of:o The charges.o His or her Article 31(b), UCMJ rights.o His/ her right to refuse NJP. If the accused so desires, he/she3If the accused elects to accept NJP, the unit will: Schedule the office hours. Arrange for the presence of observers and witnesses.4Immediately before the office hours, the accused is again informed of all ofhis or her rights under Articles 15 and 31(b), UCMJ.5At: Company-level office hours, the company commander and firstsergeant are usually present, as are the platoon commander andplatoon sergeant in all but the most extraordinary circumstances.Battalion-level office hours, the battalion commander, sergeant major,company commander, and first sergeant would normally expect to bepresent.6During the NJP hearing, the commanding officer again reminds the accusedof his or her rights under Articles 15 and 31(b), UCMJ.7Options available to the commanding officer: Dismiss the charge(s). Impose non-punitive corrective measures. Impose NJP. Refer the case to trial by court-martial, or if not empowered to do so,refer the case to higher authority with a recommendation for trial by13Warrant Officer Basic Course

W4K0001XQMilitary LawLevels of the Military Justice System (Continued)Non-Judicial Punishment (Continued)UPBThe UPB is the document the unit uses to record theimposition of NJP on enlisted personnel.When officers receive NJP, the imposition of punishmentis reported by naval correspondence to the Commandantof the Marine Corps (CMC). A UPB page is not preparedfor officers.Even if the accused signs the UPB indicating that he/shewill accept office hours, NJP may still be refused at anytime before punishment is announced.Authorized PunishmentsAuthorized punishment at NJP depends on the rank ofthe: Commander who imposes NJP. Marine who receives NJP.Authorized punishments are described in the chart inAppendix B (page 74).SuspensionPart or all of the punishment imposed at NJP may besuspended for up to six months. Suspension occurs atthe commanding officer’s discretion. Stays out of trouble during the period of suspension,the suspended punishment is remitted (goes away). Is involved in further misconduct during the periodof suspension, then the suspension can be vacated,and the suspended punishment takes effect.An officer-in-charge (OIC), no matter what his rank,may never award: Punishment to an officer. More than that punishment imposable by acompany-grade company commander.In addition to the punishments described in Appendix Bcommanders and OICs may always award punitive lettersof admonishment or reprimand. (Punitive letters alwaysbecome part of the recipient's official record.)14Warrant Officer Basic Course

W4K0001XQMilitary LawLevels of the Military Justice System (Continued)Non-Judicial Punishment (Continued)Special ConsiderationIn the naval service, reduction authority is limited to oneReductiongrade. Only commanders who have authority to promoteto the grade from which the accused is being reducedmay award reduction. Only battalion/squadroncommanders or higher may reduce sergeants and below.Staff noncommissioned officers may not be reduced atNJP. Only the Commandant of the Marine Corps has thatauthority.Appeal of NJPIf punishment is awarded, the accused may appeal to thenext senior commander in his or her chain of command. Non-punitive corrective measures cannot beappealed. Referral to trial cannot be appealed.Grounds for AppealThere are only two grounds for appeal; the punishmentwas: Unjust (i.e., the accused does not believe that therewas enough evidence to be found guilty, or. Disproportionate to the offense (i.e., the punishmentimposed was too harsh when compared to theoffense).Appeal ProceduresThe appeal must be made in writing. A standard naval letter is sent from the accused tothe appeal authority via the officer who actuallyimposed the punishment. The platoon commander or first sergeant shouldassist the Marine in writing his or her appeal (i.e.format, grammar, etc.).The appeal must be “timely.” An appeal must besubmitted within five days (calendar days, not workingdays) of the imposition of punishment. In the absence ofgood cause shown, a late appeal can be denied solely onthe basis that it was not submitted within the five day"window." However, a late appeal must be forwardedbecause it is the appeal authority's decision to consider itor not.A service member who has filed a timely appeal must stillundergo the punishment imposed while awaiting action onthe appeal, subject to one exception. If action is nottaken on an appeal within five days of its submission andthe service member so requests, any un-servedpunishment involving restraint or extra duties will bestayed until the appeal is acted upon.15Warrant Officer Basic Course

W4K0001XQMilitary LawLevels of the Military Justice System (Continued)Non-Judicial Punishment (Continued)Appeal Procedures(Continued)taken on an appeal within five days of its submission andthe service member so requests, any un-servedpunishment involving restraint or extra duties will bestayed until the appeal is acted upon.Appeal AuthorityThe next commander in the chain of command senior tothe officer who imposed NJP is the appeal authority andthe options available to the appeal authority are to Approve the punishment in whole. Set aside the punishment (remit). Suspend all or any part of the punishment, for aperiod not to exceed six months. Change to a lesser form of punishment (mitigate).The appeal authority cannot increase the punishment.Corrective Action afterNJPIf NJP was executed, action may be taken within areasonable time (usually four months) to set aside theNJP. Such action may be taken by: Officer (billet) who initially imposed the NJP. Successor in command. Commanding officer or OIC of a command to whichaccused is properly transferred after the impositionof NJP.Court-Martial DefinitionsTermConveneDefinitionTo create, appoint, and bring into existenceConvening Authority(CA) ReferThe commander who creates, appoints, and bringsinto existence a court-martial.In the Marine Corps, the lowest level commanderauthorized to convene a court-martial (summary orspecial court-martial) is a battalion or squadroncommander. In the air wings, however, it is commonpractice for aircraft group commanders to withdrawcourt-martial convening authority from squadroncommanders, thereby making themselves the soleconvening authority within their respective groupsTo send a specific case to a specific, previously convenedcourt-martial for trial16Warrant Officer Basic Course

W4K0001XQMilitary LawLevels of the Military Justice System (Continued)Summary Court-MartialGenerally: Summary Court-Martial (SCM) is the lowest, least severe form of court-martialunder the UCMJ. Although called a court-martial, like NJP this is not a judicialproceeding. It is not a "criminal prosecution" like a SPCM or GCM. Only enlisted personnel can be tried by SCM.Composition of the SCMSCM is composed of one commissioned officer: Usually in the grade of captain (O-3) or above (thisis not an absolute requirement). Who acts as prosecutor, defense counsel, andjudge.The convening authority may restrict the power of thecourt to award a particular punishment.Rights of the Accused atSCMThe accused has no right to a detailed military defensecounsel, but may retain civilian counsel at his ownexpense. The accused does have the right to: Refuse SCM, even if embarked upon or attached toa vessel. Be present and to hear all the evidence against himor her. Cross-examine all witnesses who testify against himor her, and to examine all documentary and realevidence introduced at trial.Duties of the SCMObtain all of the: Witnesses. Evidence.Conduct a pretrial conference with the accused to goover: Rights. Administrative details pertaining to the court martial.Trial ProcedureUnlike the informal NJP hearing, the SCM is a formalproceeding.All witnesses testify under oath: The only exception — the accused may make anunsworn statement during the sentencing phase ofthe trial.17Warrant Officer Basic Course

W4K0001XQMilitary LawLevels of the Military Justice System (Continued)Summary Court-Martial (Continued)Trial Procedure(Continued) If the accused testifies on the merits (guilt orinnocence), he or she must be placed under oathjust like any other witness.The SCM officer summarizes all testimony; thesummary is attached to the record of trial.The military rules of evidence apply. Evidence is markedas exhibits and attached to the record of trial.Order of Proceedings Rights advisement of the accusedEntry of pleas by the accusedEvidence presented on the merits (if there is anyplea of "not guilty")Findings ("guilty" or "not guilty" of each offensebefore the court)Evidence presented that is relevant to sentencing(aggravation, extenuation and mitigation) if there isa finding of "guilty"Sentencing (if "guilty")The SCM prepares a record of trial, which must bepromptly provided to the accused for use in preparation ofany clemency submission he or she desires to make.The record includes: A summary of the hearing, to include a fairlydetailed summary of all testimony pertaining tocharges for which there was a plea of "not guilty"but a finding of "guilty". The original charge sheet. All ex

Navy Regulations (Navy Regs) as the controlling authority for Department of Navy regulations. Navy Regs cover numerous subjects including: The role of the Chief of Naval Operations and the Commandant of the Marine Corps (CMC). Ceremonial details and protocol. Various prohibitions on relationships between memb