Page 315 - Trump Executive Orders 2017-2021

10018 Federal Register / Vol. 83, No. 46 / Thursday, March 8, 2018 / Presidential Documents

the 1-year period preceding the commission of any offense, periods of unauthorized absence
shall be excluded. For purposes of this subsection, the court-martial convictions must be
final.
(2) Two or more convictions. If an accused is found guilty of a specification or
specifications for none of which a dishonorable or bad-conduct discharge is otherwise
authorized, proof of two or more previous convictions adjudged by a court-martial during the
3 years next preceding the commission of any offense of which the accused stands convicted
shall authorize a bad-conduct discharge and forfeiture of all pay and allowances and, if the
confinement otherwise authorized is less than 3 months, confinement for 3 months. In
computing the 3 year period preceding the commission of any offense, periods of
unauthorized absence shall be excluded. For purposes of this subsection the court-martial
convictions must be final.
(3) Two or more spec{fications. Tfan accused is found guilty oftwo or more specifications
for none of which a dishonorable or bad-conduct discharge is otherwise authorized, the fact
that the authorized confinement for these offenses totals 6 months or more shall, in addition,
authorize a bad-conduct discharge and forfeiture of all pay and allowances.

Rule 1004. Capital cases
(a) In general. Death may be adjudged only when-
( I) Death is expressly authorized under Part IV of this Manual for an offense of which the
accused has been found guilty or is authorized under the law of war for an offense of which the
accused has been found guilty under the law of war; and
(2) The accused was convicted of such an offense by either-
( A) the unanimous vote of all twelve members of the court-martial; or
(B) the military judge pursuant to the accused's plea of guilty to such an offense; and
(3) The requirements of subsections (b) and (c) of this rule have been met.
(b) Procedure. In addition to the provisions in R.C.M. 1001, the following procedures shall
apply in capital cases-
(1) Notice.
(A) Referral. The convening authority shall indicate that the case is to be tried as a capital
case by including a special instruction on the charge sheet. Failure to include this special
instruction at the time of the referral shall not bar the convening authority from later adding the
required special instruction, provided that-
(i) the convening authority has otherwise complied with the notice requirement of
subparagraph (B); and
(ii) if the accused demonstrates specific prejudice from such failure to include the
special instruction, the military judge determines that a continuance or a recess is an adequate
remedy.
(B)Arraignment. Before arraignment, trial counsel shall give the defense written notice of
which aggravating factors under subsection (c) of this rule the prosecution intends to prove.
Failure to provide timely notice under this subsection of any aggravating factors under
subsection (c) of this mle shall not bar later notice and proof of such additional aggravating
factors unless the accused demonstrates specific prejudice from such failure and that a
continuance or a recess is not an adequate remedy.
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