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Previous Convictions
The TC presents evidence of admissible previous
convictions, if any, and this information is included in
the record of trial.
Matters in Extenuation and Mitigation
The ruling officer advises the accused that he or
she may present any matters he or she desires in
mitigation or extenuation, including unsworn
statements.
If any matters are presented, transcribe
them into the record in chronological order in which
presented.
If testimony is presented, the same
procedures are used as when testimony is taken from
other witnesses.
Sentence
Before closing the court, the ruling officer
instructs the court on the maximum sentence that may
be adjudged. The record must reflect that this was
done. The ruling officer also instructs the court on
any matters presented in extenuation and mitigation.
It is recommended that these instructions be set forth
verbatim.
You must set forth the sentence verbatim as
announced in court.
Again, before announcing the
sentence, as before announcing findings, the ruling
officer may state that all manuals and legal authorities
were removed from the closed session of the court.
The addition of an entry to this effect should be made
if such a statement is made by the ruling officer.
Recess or Adjournment
Use standard stock entries (SSEs) in the record
for recording recesses or adjournment, or for
accounting for parties to the trial. The entry you
should use for this latter purpose is as follows:
All parties to the trial who were present when the
court recessed are again present in court.
If a member fails to return from a recess of the
court, the reason must be shown. After arraignment, a
member may be excused by the CA only for good
cause.
Use an SSE for recording closings and openings
of the court.
No entry to show an accounting of
parties to the trial need be made on opening the court
except when necessary to show the absence of a party
after the court was in closed session.
Again, the
reason must be shown for a member’s absence.
Authentication
A summarized record is authenticated in the same
manner as a verbatim record.
Appendix 13 of the
MCM contains further information on the preparation
of summarized records of trial and you should refer to
it when preparing a summarized record of trial.
RECORDING CONTEMPT PROCEEDINGS
What is contempt of court? It is defined as any
willful disregard of the authority of a court or
disobedience of its order. Article 48, UCMJ, gives
courts-martial the power to punish for the following
contemptuous acts:
menacing words, signs, or
gestures, and any disturbance of the court’s
proceedings by riot or disorder. These acts must
occur in the preserve of the court to be punished
under Article 48, UCMJ. Any person, whether
subject to the UCMJ or not (with the execption of the
ruling officer or members of the court), including the
accused, TC, DC, reporter, witnesses, spectators, and
even the CA may be punished for contempt.
There is no separate record of contempt pro-
ceedings. Normally, a contempt poceedings is a part
of the record of trial. If the court desires, however,
the record of contempt proceedings may be
transcribed separately so that it may be sent to the CA
immediately for his or her action.
Whether this is
done or whether it is transcribed in the record of trial
is a matter within the discretion of the ruling officer.
See figure 3-3 for the recommended format to use in
recording contempt proceedings.
There is no appeal or review of contempt action
other than an automatic review by the CA. If, on
review, the CA is satisfied that a contempt occurred
and that the punishment adjudged is appropriate, the
CA may order the punishment executed. The CA may
(1) require the offender to serve any confinement
adjudged pending formal review of the proceedings,
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