Article 15. Clemency. Suspension, remission, mitigation-and setting Comparison of the old and new punishments. Vol. XVII, No. 2, Feb-Mar '63, p. 25. Correctional custody under the new article 15. Vol. XVII, Delegation to principal assistant. Vol. XVII, No. 2, Feb- Forfeiture and detention of pay. Vol. XVII, No. 2, Feb- Getting the most out of the captain's mast. Vol. XIX, No. 3, Mast procedures as changed by the new article. Vol. XVII, Maximum punishments authorized. Vol. XVII, No. 2, Feb- Nonjudicial punishment under the new article 15, an ex- Reduction in grade. Vol. XVII, No. 2, Feb-Mar '63, p. 25. Right to demand trial. Vol. XVII, No. 2, Feb-Mar '63, p. 25. Article 16. Courts-martial classified. May '51, p. 5. Article 17. Jurisdiction of courts-martial in general. May '51, p. 6. Article 18. Jurisdiction of general courts-martial. May '51, p. 6. Article 19. Jurisdiction of special courts-martial. May '51, p. 5. Article 20. Jurisdiction of summary courts-martial. May '51, p. 5. Article 22. Convening of general courts-martial. Apr '51, p. 14. Preclude an accuser from convening a general court-martial. May '58, p. 3. Article 22 (b). Limitations on commanding officer when accuser. Sep '52, p. 8, 11. Article 23. Preclude an accuser from convening a special court-martial. May '58, p. 3. Article 23 (a) (5). Convening of special courts-martial. Apr '51, p. 14. Article 25. Accuser may not serve on a court-martial. May '58, p. 3. Courts-martial membership. Nov '50, p. 10; May '51, p. 6. Use of policy letters in courts-martial. Sep '57, p. 9. Article 26. Accuser may not serve as law officer of a general courtmartial. May '58, p. 3. Law officer of a general court-martial. May '51, p. 6. Article 27. Accused must be assigned a military lawyer, with qualifications, in trial by GCM. May '59, p. 10. Appointment of trial counsel and defense counsel. Oct '50, p. 11; May '51, p. 7; May '52, p. 2. Not practical to require defense counsel to be qualified in order to take a deposition. Oct '57, p. 8. Article 29 (a). Arraignment. Definition and interpretation of the term "arraignment." Vol. XV, No. 5, Jul '61, p. 93. Excusal of court-martial members after arraignment. Vol. XVII, No. 10, Dec '63, p. 190. Article 30. Charges and specifications. May '51, p. 7 ; Oct '51, p. 21, 22. Pretrial investigations, statements and confessions. Jan '57, p. 3; Jul 257, p. 11; Aug '57, p. 3; Apr '57, p. 20. Psychiatric examination, reciprocal Government examination admissible. Vol. XXV, No. 4, Feb-Apr '71, p. 133. Psychiatric examination of an accused is not a violation of article 13, UCMJ. Vol. XVI, No. 5, Jun '62, p. 71. Right of accused to remain silent. May '59, p. 9. Scientific evidence. As involuntary incrimination. Vol. XVI, No. 5, Jun '62, p. 71. Importance is in confirming the innocence of the suspect and not in obtaining involuntary incriminating evidence. Vol. XVI, No. 5, Jun '62, p. 77. Statements obtained by foreign police. Dec '54, p. 11. Taking urine specimen. Jul '54, p. 13; Jan '55, p. 17. Use of statements obtained from accused without warning in subsequent trial. Feb '55, p. 14. Voluntary production of documents, no warning required. Jan '54, p. 2. Warning must precede questioning. May-Jun '53, p. 2; Oct '55, p. 16. Article 32. Former testimony in trials by court-martial-use of. Vol. XIV, No. 4, Nov '60, p. 75. Pretrial investigation. Oct '50, p. 8; May '51, p. 8; Jun '51, p. 13; Oct '51, p. 22. Requirement for a thorough and impartial formal investigation prior to trial by GCM. May '59, p. 10. Article 33. Avoiding the speedy-trial issue. Vol. XXI, No. 4, Feb-Apr '67, p. 101. Forwarding of charges. May '51, p. 9. Article 34. Advice of staff judge advocate and reference for trial. May '51, p. 9. Review at trial of pretrial proceedings. Vol. XXV, No. 4, Feb-Apr '71, p. 119. Article 35. Service of charges. May '51, p. 9. Statutory right to minimum delay intertwined with right of the accused to have sufficient time to prepare his defense. Vol. XV, No. 3, Apr-May '61, p. 35. Article 36. President may prescribe rules. May '51, p. 9. Article 37. Court-martial members as jurors-the requirement for impartiality. Vol. XX, No. 4, Feb-Apr '66, p. 111. Unlawfully influencing action of court. May '51, p. 10. Duties of trial counsel and defense cousel. May '51, p. 10; Right of accused to counsel for criminal trial by special or Article 39. Informal conversations as part of the trial court's proceedings. Apr '57, p. 19. Article 39 (a). Motion to compel accused to submit to psychiatric examination. Vol. XXV, No. 4, Feb-Apr '71, p. 135. Resolution of collateral issues resulting from pretrial agreement. Vol. XXV, No. 4, Feb-Apr '71, p. 119. UNIFORM CODE OF MILITARY JUSTICE-Continued Article 40. Continuance; when proper to request. Vol. XV, No. 3, AprMay '61, p. 39. Delays and continuances; right of an accused to have ample time to prepare his defense. Vol. XV, No. 3, Apr-May '61, p. 39. Article 41. Challenges. Feb '51, p. 14, 15; May '51, p. 11. Courts-martial members as jurors-the requirement for impartiality. Vol. XX, No. 4, Feb-Apr '66, p. 111. Article 42. Oaths. May '51, p. 11. Article 43. Statute of limitations. Nov '50, p. 7; May '51, p. 11. Article 44. Former jeopardy. May '51, p. 12. Article 45. Does an accused have an absolute rght to refuse or to obtain a change of his guilty plea? Vol. XIX, No. 3, Jan-Feb '65, p. 71. Pleas of accused. May '51, p. 12. Article 46. Opportunity to obtain witnesses and other evidence. Apr '51, p. 5; May '51, p. 13. Right to compulsory process; a commentary. Vol. XIX, No. 2, Nov-Dec '64, p. 31. Article 47. Refusal to appear and testify. Apr '51, p. 7; May '51, p. 13. Article 48. Contempts. Nov '51, p. 16; May '51, p. 13; Jun '51, p. 12. Status of military and Federal laws involving contempt of court. Vol. XVI, No. 2, Feb '62, p. 25. Article 49. Depositions. Dec '50, p. 6; May '51, p. 13. Depositions may be read into evidence before any military Article 50. Former testimony in trial by court-martial; use of. Vol. XIV, No. 4, Nov '60, p. 75. Article 51. On a motion for a finding of not guilty. Feb '58, p. 11. Voting and rulings. May '51, p. 13; Dec '51, p. 2; Mar '52, p. 2; Aug '52, p. 3. Article 52. Motion after objection by a member of court on a motion for a finding of not guilty. Feb '58, p. 12. Number of votes required. May '51, p. 14. Article 53. Court required to announce findings and sentence to parties immediately. May '51, p. 14. Article 54. Record of trial. May '51, p. 14. Article 55. Article 61. Initial action on general court-martial records. May '51. p. 16; Jun '51, p. 8. Posttrial review by staff legal officer. Vol. XIV, No. 2, Sep '60, p. 29. Article 62. Reconsideration and revision of record. May '51, p. 16; Jun '51, p. 9. Article 63. Erroneous instructions to court on sentence limitations. Vol. Rehearings. May '51, p. 12, 16; Jun '51, p. 9. Rehearing procedure. Vol. XXI, No. 2, Sep-Nov '66, p. 54. Article 64. Approval of findings by convening authority. May '51, p. 17., Article 65. Disposition of records after review by the convening authority. May '51, p. 17; Jun '51, p. 13. Posttrial review by staff legal officer. Vol. XIV, No. 2, Sep '60, p. 29. Article 66. Commutation of sentences. Vol. XIV, No. 5, Dec '60, p. 91. Review by the board of review. May '51, p. 17; Jun '51, p. 20. Article 67. Review by the Court of Military Appeals. May '51, p. 18; Article 69. Review in the Office of the Judge Advocate General. May '51, p. 19. Article 70. Appellate counsel. May '51, p. 19. Article 71. Execution of sentence; suspension of sentence. May '51, p. 15; Jun '51, p. 10. Technical suspensions. Nov '59, p. 9. Article 72. Technical suspensions. Nov '59, p. 10. Vacation of suspension. May '51, p. 15; Jun '51, p. 11; Oct '52, p. 15; Nov '59, p. 15; Vol. XX, No. 2, Sep-Nov '65, p. 35. Article 73. Legal review by convening authority. Apr '57, p. 18. Petition for new trial. May '51, p. 19; Mar '52, pp. 21, 23. Article 74. Remission and suspension of sentence. May '51, p. 19. Restoration of rights, privileges, and property affected. Article 76. Finality of court-martial judgments. May '51, p. 36. Article 79. Lesser-included offenses and multiplicity, discussed. Nov '59, p. 11. Article 90. Elements of disobedience of orders, proof and procedures for Article 91. Elements of disobedience of orders, proof and procedures for Constructive knowledge cannot be substituted for actual Dereliction in the performance of duties; negligence as. Elements of disobedience of orders, proof and procedures for Failure to obey order or regulation. Aug '52, p. 2; Apr '53, p. 2; May '56, p. 13. Intent authority and knowledge of lawful orders defined and Pleading and proving violation of a lawful order. Aug '59, Article 95. Resisting apprehension, breaking arrest or escaping from Article 97. Does not apply to the offense of kidnapping. Vol. XVIII, No. Limited to civilian offense of false arrest and false imprison- Article 98. Noncompliance with procedural rules. Apr '51, p. 4; Oct '51; Article 99. Misbehavior before the enemy. Jan '55, p. 14; Sep '55, p. 3. Article 102. Forcing a safeguard. Sep '50, p. 16. Article 104. Aiding the enemy. Jan '56, p. 14. Article 107. False statements, an accuser's dilemma. Vol. XX, No. 5, Article 108. Damaging, destroying or losing military property through Damaging military property. Nov '52, p. 2; May '54, p. 12; Article 110. Negligently hazarding a vessel. Mar '58, p. 7; Vol. XXI, Article 113. Misbehavior of sentinel. Nov '52, p. 9; Jan '55, p. 16; Apr '55, Article 115. Malingering to avoid work, duty or service. May '58, p. 9. Party desiring deposition will notify opposing party. Oct '57, Provoking and reproachful words or gestures. Vol. XIV, No. Article 119. Voluntary manslaughter defined and discussed. Feb '57, p. 15. Involuntary manslaughter defined and discussed. Feb '57, p. Article 121. Indebtedness; Navy policy and military law on. Vol. XIV, Larceny and wrongful appropriation. Dec '51, p. 9; Oct '52, Use of policy letters. Sep '57, p. 10. Artice 124. Maiming. Jun '56, p. 16. Article 128. Article 129. Burglary. Jun '56, p. 11. Article 131. Ignorance or mistake of fact as a defense. Jan '57, p. 15. Article 132. Fraud against the Government. Mar '54, p. 14. Article 133. Bigamy may also be tried under this article. Vol. XVI, No. 2, Indebtedness; Navy policy and military law on. Vol. XIV, Article 134. The general article. Attempted suicide as an act of disorder. May '58, p. 11. Bigamy may also be tried under this article. Vol. XVI, No. 2. Communicating a threat. Sep '54, p. 13. Constitutionality. Apr '53, p. 10. Disturbances wtihin military community. Vol. XIV, No. 2, Examinations, wrongfully obtaining information with intent Failure to allege and prove every element of a Federal of- Indebtedness; Navy policy and military law on. Vol. XIV, Jurisdiction of courts-martial over Federal as well as military Kidnapping as an offense under State law through the As- Negligent homicide defined and discussed. Feb '57, p. 19; Phrase "not capital"; interpretation of. Vol. XV, No. 1, Rule of multiplicity-unauthorized absence and breach of Use of policy letters on. Sep '57, p. 14. Violation of the Criminal Code of the District of Columbia Article 135. Courts of Inquiry. Aug '51, p. 8. Changes under Military Justice Act of 1968. Vol. XXIII, No. 5, Commanding officer's nonjudicial punishment powers. Aug '50, p. 6. Conviction under, votes required. Jul '50, p. 15. Enacted into law, 5 May 1950. Jun '50, p. 16. Evolution of military law. Vol. XXI, No. 3, Dec '66-Jan '67, p. 63. Law officer of, discussed. Sep '50, p. 7. Pretrial investigation necessary in all cases. Jul '50, p. 13. Offenses under, cross-indexed with NC&B. Dec '50, pp. 12, 18. Pleas of guilty and not guilty under. Jul '50, p. 15. New trial. May '59, p. 13. Nonjudicial punishment. May '59, p. 13. Power of the Judge Advocate General. May '59, p. 12. Punitive articles. May '59, p. 13. Record of trial. May '59, p. 11. Review of records of trial. May '59, p. 12. Single-officer courts. May '59, p. 11. Votings and rulings. May '59, p. 13. Qualifications of trial and defense counsels in GCM under. Jul As the forum for solving space problems. Feb '59, p. 15. Secretary General of the United Nations; a commentary as to The U.N. Charter and the Cuban quarantine. Vol. XVII, No. 3, Voting in the United Nations. Vol. XVII, No. 3, Apr-May '63, UNITED STATES CODE: 5 U.S.C. § 59 (c). Retired officers and the Civil Selling Statute. Vol. XX, No. 3, 5 U.S.C. §§ 3101-05. Dual Compensation Act of 1964. Vol. XX, No. 5, May-Jun 10 U.S.C. § 972. Time lost. Vol. XV, No. 7, Sep '61, p. 123. 10 U.S.C. § 2734. Foreign Claims Act. Interpretive and procedural guidelines. 10 U.S.C. § 6112(b). Conflict of interests. Retiree selling to Government; loss of 18 U.S.C. § 35. Bomb scares. Bomb-scare statements intended as humorous 18 U.S.C. § 219. Retired military personnel; new restrictions on foreign em- Federal taxation of benefits under the Retired Serviceman's 37 U.S.C. § 33. Time lost. Vol. XV, No. 7, Sep '61, p. 123. 37 U.S.C. § 1004. Thirty-first day of the month. Vol. XXI, No. 4, Feb-Apr '67, 42 U.S.C. §§ 2651-53. Recovery of medical expenses and the Medical Care Recovery UNITED STATES DISTRICT COURT: Authority of judge to interrogate witness and express opinion Have no jurisdiction over American citizens who commit crimes Jurisdiction over captures within 3-mile limit. Mar '49, p. 5. Grounds for a motion for a change of venue. Vol. XV, No. 3, Its application in military law; a commentary. Vol. XV, No. 3, Motion for appropriate relief as provided by the MCM includes Newspaper publicity must have been clearly prejudicial when it Policy statement in a command is not in itself a basis for a Situs of trial may be changed to a location where evidence and Accidents. Maritime personal injuries and the doctrine of seaworthiness. Shipboard accidents to visitors and other invitees. Vol. XVI, Hazarding a vessel. Vol. XXI, No. 4, Feb-Apr '67, p. 109. Negligent pilotage. Liability aspects of the commanding officer. New sea lanes impleniented. Vol. XXII, No. 3, Dec '67-Jan '68, Oil pollution. Penalty and damage aspects. Vol. XVI, No. 8, Rules of the road (see RULES OF THE ROAD). Ship loans. Extension of laws authorizing the loan of ships to Status of vessel as involved in maritime personal injuries and United States warships in foreign ports. Vol. XXI, No. 4, Feb-Apr Visit and search. Piracy. Visit and search on the high seas is VETERANS: Home loans. Extension of time for entitlement, and provisions Reemployment rights. Clarified and amended reemployment rights Assistance of inactive Reserve officers in procuring evidence for Organized guerrillas who qualify as "belligerents" and en- Trials. Apr '48, p. 12; Nov '49, p. 3. WARNING AND ADVICE: Against self-incrimination, UCMJ, article 31. Jan '57, p. 4; Jul WATER RIGHTS: Definition and brief summary of the general principles of water WEAPONS (see ARMS AND WEAPONS). WEATHER CONTROL: Liability for. Oct '49, p. 2. WILLS (see ESTATE PLANNING). WIRETAPPING: Defendant has burden of proving prosecution tapped his wire. Evidence obtained by. Aug '55, p. 16; Sep '55, p. 11. WITNESSES (see also EVIDENCE): Abuse of. Aug '49, p. 9. Accused, although not having an absolute right to compulsory Accused waives privilege against self-incrimination. Jan '55, p. 16. Attacking credibility of accused. Jun '54, p. 19; Sep '54, p. 11. Availability of. Accused's right to compulsory process. Vol. XIX, Availability of under UCMJ. Apr '51, p. 5. Cannot be compelled to give answers that would tend to be self- Civilian. Apr '51, p. 7. Coaching, proper and improper use of, discussed. Feb '49, p. 13. Coercion of. Oct '48, p. 4. Competency of testimony. Jul '50, p. 5. Constitutional rights of accused to summon. Oct '48, p. 5. Convening authority. May '55, p. 13. Court. Aug '48, p. 6; Aug '49, p. 7. Credibility of. Dec '48, p. 14; Oct '51, p. 12. Credibility of police officers. Sep '54, p. 12. Criminal record of, affects weight but not admissibility of testi- mony. May '52, p. 13. Cross-examination of (see CROSS-EXAMINATION). Depositions-state of the law. Vol. XIV, No. 3, Oct '60, p. 57. Evidence of prosecuting witness' bad reputation inadmissible to Examination. By court. Aug '48, p. 6. Direct, principles of. Feb '51, p. 6. Hypothetical questions. Feb '49, p. 12. On voir dire. Jul '49, p. 14. Pretrial; procedure and importance of. Nov '47, p. 4; Feb '49, p. 12; Apr '50, p. 11. Technique employed. Nov '48, p. 6. Exhibits, identification of. Feb '50, p. 7. Handwriting. Feb '56, p. 23. Medical. Aug '48, p. 13. On mental responsibility of accused. Vol. XIV, No. 5, Dec Psychiatrists and medical doctors; evaluation of evidence. Qualifications. Jul '50, p. 7. Scientific witnesses. Vol. XVI, No. 5, Jun '62, p. 71. Failure to endorse name of one of the witnesses on information Former testimony in trials by court-martial-use of. Oct '53, p. 2; Grants of immunity. Vol. XIX, No. 5, May-Jun '65, p. 133. Husband-and-wife privilege-rules of evidence. Vol. XX, No. 1, Immunity from subsequent prosecution. May '49, p. 14; Oct '50, p. 4. Impeachment of (see IMPEACHMENT). Infants, competency as. Feb '52, p. 12. Interested parties. Vol. XVII, No. 6, Aug '63, p. 132. Interrogation of by defense counsel. May '52, p. 4. Interviewing of, by prosecutor. Apr '50, p. 11. Judge advocate as. Dec '48, p. 5. Laying foundation for impeachment proceedings does not pre- Limitations on prosection in procuring. Apr '51, p. 6. MCM, paragraph 115a, has the force of law relating to procure- Memoranda, use of to refresh memory. Dec '51, p. 12. Narrative answer in examination. Nov '48, p. 9. |