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Findings Worksheet - 14135_180
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Sentence Worksheet - 14135_182
Figure  6-18.—Findings  worksheet—Continued. any  requests  for  instructions  at  an  Article  39(a)  session before instructions and argument on sentencing. After this Article 39(a) session, the sentence worksheet is prepared  reflecting  the  announcement  of  two-thirds  of the  members  agreeing  if  the  sentence  is  to  confinement for more than 10 years. In the case of a guilty plea by the accused to all charges and specifications, with a panel  of  members  for  sentencing,  the  sentence worksheet  can  be  prepared  before  the  court-martial. A  format  for  a  sentence  worksheet  is  shown  in appendix 11 of the MCM and figure 6-19. In a special BCD court-martial, allow for discharge with a BCD. In a  GCM,  the  worksheet  also  could  include  confinement for   a   period   of   years,   forfeiture   of   all   pay   and allowances,  dishonorable  discharge,  and  dismissal  from the  service,  depending  upon  the  charges  and specifications that the accused was convicted of, and the rank of the accused. If you have an accused who is an E-1, do not allow for his or her reduction. The sentence worksheet is labeled as an appellate exhibit and attached to the record of trial. Seating Chart The members are seated with the president who is the senior member in the center and the other members alternately to the president’s right and left, according to rank. To   prevent   confusion   for   the   members   upon entering the courtroom, take the time to prepare a seating chart for them and show them the order that they should enter the courtroom for ease in finding their respective seats. Give a copy of the seating chart to the military judge,   counsel,   and   yourself   for   identification   of members  during  the  proceedings. A sample seating chart is shown in figure 6-20. However,   remember   that   depending   upon   the configuration of your courtroom this may or may not apply. It is a suggested sample that may need to be tailored. Court-Martial Member’s Question Form During a member’s trial, there maybe times when the member needs to ask questions of a witness or the accused.  If  this  procedure  happens,  the  member  must reduce his or her questions to writing and the writing is then inserted into the record of trial as an appellate exhibit. To make this procedure easier for the member and  more  uniform  for  the  record  of  trial,  a  sample member  question  form  is  shown  in  figure  6-21.  Prepare enough of these forms in advance and place them on the member’s table for easy retrieval. PRETRIAL PROCEDURES Other than paper work, there are other pretrial procedures that must be dealt with before the trial of an accused.  One  situation  is  the  pretrial  restraint  of  the accused  and  another  is  evidence. PRETRIAL RESTRAINT Immediately   upon   receipt   of   the   charges   or information  about  a  suspected  offense,  the  proper authority must determine the type of restraint, or if restraint is considered necessary. Pretrial restraint usually  consists  of  either  restriction  to  certain  specified limits  or  confinement. Counsel  is  provided,  if requested,  to  an  accused  in  pretrial  confinement  before the initial review of the confinement; however, the accused has no right to an individual military counsel. 6-29

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