Page 297 - Trump Executive Orders 2017-2021

10000 Federal Register / Vol. 83, No. 46 / Thursday, March 8, 2018 / Presidential Documents

attendance at the remote site shall be identified, and the accused shall be permitted private,
contemporaneous communication with his counsel.
(b) Definition. As used in this rule, testimony via "remote means" includes, but is not limited to,
testimony by videoteleconference, closed circuit television, telephone, or similar technology.

Rule 915. Mistrial
(a) In general. The military judge may, as a matter of discretion, declare a mistrial when such
action is manifestly necessary in the interest of justice because of circumstances arising
during the proceedings which cast substantial doubt upon the fairness of the proceedings. A
mistrial may be declared as to some or all charges, and as to the entire proceedings or as to
only the proceedings after findings.
(b)Procedure. On motion for a mistrial or when it otherwise appears that grounds for a
mistrial may exist, the military judge shall inquire into the views of the parties on the matter
and then decide the matter as an interlocutory question.
(c) F;_ffecf (?l declaration (if mistrial.
(1) Withdrawal qf charges. A declaration of ami stria! shall have the effect of withdrawing the
affected charges and specifications from the court-martial.
(2) Further proceedings. A declaration of a mistrial shall not prevent trial by another court-
martial on the affected charges and specifications except when the mistrial was declared after
jeopardy attached and before findings, and the declaration was:
(A) An abuse of discretion and without the consent of the defense; or
(B) The direct result of intentional prosecutorial misconduct designed to necessitate a
mistrial.

Rule 916. Defenses
(a) In general. As used in this rule, "defenses" includes any special defense which, although not
denying that the accused committed the objective acts constituting the offense charged, denies,
wholly or partially, criminal responsibility for those acts.
(b) Burden (?f'prooj
(1) General rule. Except as listed in paragraphs (b )(2) and (3) of this rule, the prosecution shall
have the burden of proving beyond a reasonable doubt that the defense did not exist.
(2) htck qj' menial responsibility. The accused has the burden of proving the defense of lack
of mental responsibility by clear and convincing evidence.
(3) Mistake (?(fact as to age. In the defense of mistake of fact as to age as described in Article
120b( d)(2) in a prosecution under Article 120b(b) (sexual assault of a child) or Article 120b(c)
(sexual abuse of a child), the accused has the burden of proving mistake of fact as to age by a
preponderance ofthe evidence.
(c) Justification. A death, injury, or other act caused or done in the proper performance of a legal
duty is justified and not unlawful.
(d) Obedience to orders. It is a defense to any offense that the accused was acting pursuant to
orders unless the accused knew the orders to be unlawful or a person of ordinary sense and
understanding would have known the orders to be unlawful.
(e) Self-defense.
(1) Homicide or assault cases involving deadly force. It is a defense to a homicide, assault
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involving deadly force, or battery involving deadly force that the accused: