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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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