Revised in the Office of
The Judge Advocate General of the Army
and published by direction of
Effective April 1, 1928
Corrected to April 29, 1943
GOVERNMENT PRINTING OFFICE WASHINGTON : 1943
Table of Contents
Para. Page Introduction vii Executive Order ix Chapter I. Military Jurisdiction 1-2 1 Sources 1 Exercise 1 Chapter II. Courts-martial 3-4 2 Classification 2 Composition 2 Chapter III. Courts-martial (continued) 5-6 4 Appointing authorities 4 Appointment of trial judge advocate, defense counsel, assistants 6 Chapter IV. Courts-martial (continued) 7-17 7 Jurisdiction in general 7 Jurisdiction of general, special, and summary courts-martial 9 Chapter V. Courts-martial--Procedure before trial 18-23 13 Arrest and confinement 13 Arrest of deserter by civilians 14 Chapter VI. Courts-martial--Procedure before trial (continued) 24-29 16 Preparation of charges 16 Chapter VII. Courts-martial--Procedure before trial (continued) 30-35 20 Submission of and action upon charges 20 Chapter VIII. Courts-martial--Personnel 36-40 27 Appointment 27 Changes in personnel 27 Members 27 President 28 Law member 29 Chapter IX. Courts-martial--Personnel (continued) 41-48 30 Trial judge advocate 30 Assistant trial judge advocate 33 Defense counsel 33 Assistant defense counsel 34 Individual counsel 34 Reporter 36 Interpreter 26 Clerks and orderlies 27 Chapter X. Courts-martial--Procedure 49-52 38 Certain general matters 38 Closed sessions 39 Interlocutory questions other than challenges 39 Continuances 40 Chapter XI. Courts-martial--Procedure (continued) 53-56 42 Assembling 42 Seating of personnel and accused 42 Attendance and security of accused 42 Introduction of the accused and counsel; swearing reporter; asking accused as to copy of general court-martial record; announcement of members present 43 Chapter XII. Courts-martial--Procedure (continued) 57-62 44 Excusing members 44 Challenges 44 Witness for the prosecution 47 Accuser 47 Oaths 47 Arraignment 47 Chapter XIII. Courts-martial--Procedure (continued) 63-74 49 Inquiry into sanity of accused 49 Pleas 50 Motions 55 Nolle prosequi 56 Action on defective specification 57 Action where evidence indicates an offense not charged 57 Chapter XIV. Courts-martial--Procedure (continued) 75 58 Introduction of evidence 58 Chapter XV. Courts-martial--Procedure (continued) 76-81 61 Statements 61 Arguments 61 Findings 62 Data as to service, etc., evidence of previous convictions; evidence of former discharges; evidence of former punishment 65 Sentence 67 Announcing sentence; matters of, and recommendations to, clemency; adjournment 68 Chapter XVI. Courts-martial--Procedure (continued) 82-84 69 Special and summary courts 69 Revision 69 Rehearings 70 Chapter XVII. Courts-martial--Records 85-86 71 General court-martial 71 Special and summary courts-martial 72 Chapter XVIII. Courts-martial--Action 87-88 73 Reviewing authority 73 Confirming authority 79 Chapter XIX. Courts-martial--Action (continued) 89-90 80 Ordering rehearings 80 Place of confinement 80 Chapter XX. Courts-martial--Action (continued) 91-94 82 Action after promulgation 82 Chapter XXI. Oaths 95-96 84 Oaths in trials by courts-martial 84 Authority to administer oaths 84 Chapter XXII. Courts-martial--Incidental matters 97-101 86 Attendance of witnesses 86 Preparation of interrogatories and ntaking of depositions 89 Employment of experts 91 Expenses of courts-martial 91 Contempts 91 Chapter XXIII. Courts-martial--Punishments 102-104 92 General limitations 92 Miscellaneous limitations and comments 92 Maximum limits of punishments 95 Chapter XXIV. Disciplinary power of commanding officer 105-109 103 Chapter XXV. Courts-martial--Rules of Evidence 110-126 107 Chapter XXVI. Punitive articles 127-152 138 Chapter XXVII. Habeas corpus 153-157 192 APPENDICES 1. The Articles of War 203 2. Forms for orders appointing courts-martial 231 3. Charge sheet 233 4. Forms for charges and specifications 236 5. Suggestions for trial judge advocates 258 6. Form for record of trial by general courts-martial, and revision proceedings, with notes 260 7. Form for record of trial by special court-martial 271 8. Form for record of trial by summary court-martial 272 9. Forms of sentences 273 10. Forms for action by reviewing authority 275 11. Forms for orders of promulgation--Forms for orders vacating suspensions 277 Index 281
The Articles of War of 1920 introduced many changes in the procedure before courts-martial. In 1923, feeling that sufficient time had elapsed to permit of fair observation, suggestions were invited from all commanding officers with a view to the correction of such defects as experience had disclosed. Constructive criticisms and suggestions were received from practically every command in the Army. They were especially valuable as coming from those most intimately associated with carrying the articles into execution. These suggestions were carefully studied, and the present edition of the manual is to some extent a composite of all the ideas so received.
Some of the matter in the 1921 edition has been omitted, partly to reduce the manual to a more convenient size and partly because it was thought that many matters of detail ought to be left to judgment and common sense. It does not follow that any such omitted portion may not apply to a given case, unless, of course, its provisions have been changed by this manual. In any case of doubt as to any subject not treated in this manual the customs of the service and authoritative military precedents will serve as guides.
By virtue of the powers in ine vested as President of the United States of America, and pursuant to Chapter II of an act of Congress entitled "An act to amend an act entitled 'An act for making further and more effectual provision for the national defense, and for other purposes,' approved June 3, 1916, and to establish military justice," approved June 4, 1920 (41 Stat. 759), I prescribe the following Manual for Courts-Martial and direct that it be published for the government of all concerned. This manual shall be in force and effect in the Armies of the United States on and after April 1, 1928; except that its provisions, other than as to mere matters of procedure and other than any provisions alleviating the punishment to be imposed upon conviction in any case, do not supersede the provisions of the Manual for Courts-Martial, 1921, with respect to acts done or offenses committed prior to April 1, 1928.
Executive Order No. 4773
THE WHITE HOUSE,
November 29, 1927.
[Subsequent Executive Orders have prescribed amendments to various paragraphs of the Manual, as follows:
No. 8727 (April 1,1941), amendinging paragraphs 104b and 104c.
No. 9048 (Feb. 3, 1942), amending paragraph 104c.
No. 9216 (Aug. 7, 1942), amending paragraph 117a.
No. 9267 (Nov. 9, 1942), amending paragraph 104c.
No. 9324 (March 31, 1943), amending paragraphs 14, 85a, 87b, 87c, 91,94, 96, 103d, 126, 129, and 155, and App. 4 and 10.
The amendments prescribed by these five orders have been incorporated in the text of this edition of the Manual.]