Page 300 - Trump Executive Orders 2017-2021

Federal Register / Vol. 83, No. 46 / Thursday, March 8, 2018 / Presidential Documents 10003

reasonably tend to establish every essential element of an offense charged. The evidence shall be
viewed in the light most favorable to the prosecution, without an evaluation of the credibility of
witnesses.
(e) Adotion as to greater o.flense. A motion for a finding of not guilty may be granted as to part of
a specification and, if appropriate, the corresponding charge, as long as a lesser offense charged
is alleged in the portion of the specification as to which the motion is not granted. In such cases,
the military judge shall announce that a finding of not guilty has been granted as to specified
language in the specification and, if appropriate, corresponding charge. In cases before members,
the military judge shall instruct the members accordingly, so that any findings later announced
will not be inconsistent with the granting of the motion.
(f) Effect qfruling. Except as provided in R.C.M. 908(a), a ruling granting a motion for a
finding of not guilty is final when announced and may not be reconsidered. Such a ruling is a
finding of not guilty of the affected specification, or affected portion thereof, and, when
appropriate, of the corresponding charge. A ruling denying a motion for a finding of not guilty
may be reconsidered at any time before entry of judgment.
(g) F;[fect l?f denial on review. If all the evidence admitted before findings, regardless by whom
offered, is sufficient to sustain findings of guilty, the findings need not be set aside upon review
solely because the motion for finding of not guilty should have been granted upon the state of the
evidence when it was made.

Rule 918. Finding
(a) General findings. The general findings of a court-martial state whether the accused is
guilty of each charge and specification. If two or more accused are tried together, separate
findings as to each shall be made.
( 1) As to a specification. General findings as to a specification may be:
(A) guilty;
(B) not guilty of an offense as charged, but guilty of a named lesser included offense;
(C) guilty with exceptions, with or without substitutions, not guilty of the exceptions, but
guilty of the substitutions, if any;
(D) not guilty only by reason oflack of mental responsibility; or
(E) not guilty.
Exceptions and substitutions may not be used to substantially change the nature of the offense
or to increase the seriousness of the offense or the maximum punishment for it.
(2) As to a chmge. General findings as to a charge may be:
(A) guilty;
(B) not guilty, but guilty of a violation of Article ___ _
(C) not guilty only by reason of lack of mental responsibility; or
(D) not guilty.
(b) Special.findings. In a trial by court-martial composed of military judge alone, the military
judge shall make special findings upon request by any party. Special findings may be requested
only as to matters of fact reasonably in issue as to an offense and need be made only as to
offenses of which the accused was found guilty. Special findings may be requested at any time
before general findings are announced. Only one set of special findings may be requested by a
party in a case. If the request is for findings on specific matters, the military judge may require
that the request be written. Special findings may be entered orally on the record at the court-
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