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court, prepares the record of proceedings. The
duties of the trial counsel might be compared to
those of a civil district attorney. The prosecution
must prove beyond a reasonable doubt the guilt
of the accused for each offense charged. Of
course, such burden of proof is relieved by a plea
of guilty. The many duties of the trial counsel vary
widely beginning at the time of assignment to the
trial. The duties change throughout the prepara-
tion for trial, the trial itself, and the preparation
and disposition of the record of trial.
All accused persons have the right to be
represented before special and general courts-
martial by defense counsel. This counsel may be
a civilian or military lawyer selected by the
accused or may be a defense counsel appointed
by the convening authority. If a civilian counsel
is selected, the accused must pay the counsel’s
expenses. If the accused prefers to select counsel,
the detailed counsel and assistant counsel act as
associate counsel if the accused so desires; other-
wise, they may be excused.
as
Some of the duties of the defense counsel are
follows:
• To advise the accused of the right to have
enlisted membership on the court
• To explain the meaning and effect of a
guilty plea, if appropriate
• To advise the accused of the right to
introduce evidence; to testify or to remain
silent; if after findings of guilty are an-
nounced, to make an unsworn statement
and to introduce evidence as to matters in
extenuation and mitigation; and to assert
any proper defense or objection
Art. 55. Cruel and Unusual Punishments Pro-
hibited
This article prohibits any cruel or unusual
punishment. In particular, courts-martial are
forbidden to award sentences that include whip-
ping, branding, marking, or tattooing the body.
The use of irons is also prohibited, except for the
purpose of safe custody.
PUNITIVE ARTICLES OF THE UCMJ
The punitive articles of the UCMJ are those
numbered 77 through 134. They are the laws of
Congress telling you what you must do and must
not do, under pain of punishment.
What about civil laws? Can you be given
military punishment for nonmilitary offenses?
Yes, you can. For example, the only U C M J
regulations against drunkenness are for drunken
driving and being drunk on duty. Many civilian
communities, though, have laws against drunken-
ness in public. If you are found guilty in civil court
and spend time in jail for being drunk in public,
the Navy can try you for being absent without
leave (UCMJ, article 86) and for bringing discredit
upon the Navy (UCMJ, article 134).
If you willfully refuse to pay just debts, you
will be warned to pay them by your commanding
officer. Continued failure to pay your debts can
lead to an undesirable type of discharge. The Navy
has no use for people who do not exhibit integrity
and honesty. On the other hand, if you are being
gouged by unscrupulous dealers, see your legal
officer for assistance.
The punitive articles that follow are those you
are required to know. If you have any questions
about their meaning, ask your division officer for
guidance.
Art. 77. Principals
The mere fact that a person is at the scene of
a crime does not make the person a principal. To
be a principal of a crime, the person must be guilty
of an intent to aid or encourage the persons who
committed the crime.
A person who witnesses a crime can be a
principal. Evidence must show the witness had a
duty to interfere and the witness’s noninterference
was intended to operate and did operate to
encourage or protect the perpetrator.
A person maybe a principal even though not
at the scene of the crime if he or she commanded,
advised, or obtained another person to commit
an offense.
Art. 78. Accessory After the Fact
Any person subject to this code who,
knowing that an offense punishable by this
code has been committed, receives, com-
forts, or assists the offender in order to
hinder or prevent his apprehension, trial,
or punishment shall be punished as a court-
martial may direct.
A person who voluntarily gives an escaped
prisoner provisions that permit him or her to
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