Page 283 - Trump Executive Orders 2017-2021

9986 Federal Register / Vol. 83, No. 46 / Thursday, March 8, 2018 / Presidential Documents

dismiss the charges or otherwise effectively prevent fmiher proceedings based on this issue.
However, the military judge may grant reasonable continuances until the requested military
counsel can be made available if the unavailability results from temporary conditions or if the
decision of unavailability is in the process of review in administrative channels.
(3) Correction of defects in the Article 32 preliminary hearing or pretrial advice.
(4) Amendment of charges or spec{fications. After referral, a charge or specification may not
be amended over the accused's objection except pursuant to R.C.M. 603(d) and (e).
(5) Severance of a duplicitous specification into two or more specifications.
(6) Bill Q/ particulars. A bill of particulars may be amended at any time, subject to such
conditions as justice permits.
(7) Discovery and production of evidence and witnesses.
(8) Relief from pretrial cor!finement. Upon a motion for release from pretrial confinement, a
victim of an alleged offense committed by the accused has the right to reasonable, accurate, and
timely notice of the motion and any hearing, the right to confer with counsel, and the right to be
reasonably heard. Inability to reasonably afford a victim these rights shall not delay the
proceedings. The right to be heard under this rule includes the right to be heard through counsel.
(9) Severance of multiple accused, if it appears that an accused or the Government is
prejudiced by a joint or common trial. In a common trial, a severance shall be granted whenever
any accused, other than the moving accused, faces charges unrelated to those charged against the
moving accused.
(10) Severance of offenses.
(A) In general. Offenses may be severed, but only to prevent manifest injustice.
(B) Capital cases. In a capital case, if the joinder of unrelated non-capital offenses appears
to prejudice the accused, the military judge may sever the non-capital offenses from the capital
offenses.
(11) Change Q{ place Q{ trial. The place of trial may be changed when necessary to prevent
prejudice to the rights of the accused or for the convenience of the Government if the rights of
the accused are not prejudiced thereby.
(12) Unreasonable multiplication Q{ charges. The military judge may provide a remedy, as
described in this rule, if he or she finds there has been an unreasonable multiplication of charges
as applied to findings or sentence.
(A) As applied lofindings. Charges that arise from substantially the same transaction, while
not legally multiplicious, may still be unreasonably multiplied as applied to findings. When the
military judge finds, in his or her discretion, that the offenses have been unreasonably multiplied,
the appropriate remedy shall be dismissal of the lesser offenses or merger of the offenses into
one specification.
(B) As applied to sentence. Where the military judge finds that the unreasonable
multiplication of charges requires a remedy that focuses more appropriately on punishment than
on findings, he or she may find that there is an unreasonable multiplication of charges as applied
to sentence. 1fthe military judge makes such a finding and sentencing is by members, the
maximum punishment for those offenses detern1ined to be unreasonably multiplied shall be the
maximum authorized punishment of the offense carrying the greatest maximum punishment. If
the military judge makes such a finding and sentencing is by military judge, the remedy shall be
as set forth in R.C.M. 1002(d)(2).
(13) Preliminary ruling on admissibility of evidence.
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(14) Motions relating to mental capacity or responsibility of the accused.