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MANUAL FOR COURTS-MARTIAL Military Criminal Lawyers
MANUAL FOR COURTS-MARTIAL: A Guide for Military Criminal Lawyers
The Manual for Courts-Martial (MCM) is like the bible for us military criminal lawyers. It contains the Rules for Courts-Martial, Military Rules of Evidence, and other guidance for conducting courts-martial. This article provides a helpful guide for military lawyers on using and understanding the MCM.
What is the MCM?
The MCM is issued by the President of the United States and is updated regularly to reflect changes in military law. It provides guidance on the procedure and rules for conducting courts-martial under the Uniform Code of Military Justice (UCMJ). Some key things in the MCM include:
- Rules for Courts-Martial (RCM) – procedures and rules for how to conduct courts-martial
- Military Rules of Evidence (MRE) – rules for evidence at courts-martial
- Punitive Articles – defines offenses under the UCMJ
- Maximum punishments – limits punishments for each offense
- Pre-trial, trial, and post-trial procedures
- Non-judicial punishment procedures
The current version is the 2019 MCM. It is updated regularly, so military lawyers need to stay current on the latest version.
How is the MCM organized?
The MCM contains 4 main parts:
- Preamble – background info on military law and the MCM itself
- Rules for Courts-Martial (RCM) – rules and procedures for courts-martial
- Military Rules of Evidence (MRE) – rules for evidence at courts-martial
- Punitive Articles – defines offenses under UCMJ
It also contains some appendices with additional info, like maximum punishments, procedures for non-judicial punishment, forms, and discussion sections that provide commentary on the rules.
Preamble
The Preamble provides background information on the military justice system. It discusses things like:
- The purpose and nature of military law
- Jurisdiction of courts-martial
- Role of the MCM and relation to UCMJ
- Rules of construction for the MCM
This part provides helpful context for understanding the rest of the MCM – so take time to read it.
Rules for Courts-Martial (RCM)
The RCM lays out procedural rules for conducting courts-martial. It is kind of like the Federal Rules of Criminal Procedure for civilian courts. It contains rules on:
- Jurisdiction
- Composition of courts-martial
- Pre-trial procedures
- Trial procedures
- Post-trial procedures
- Other miscellaneous procedures
Some key RCMs include:
- RCM 302 – Apprehension and restraint
- RCM 303 – Preliminary hearing
- RCM 405 – Discovery
- RCM 701 – Opening statements
- RCM 910 – Pleas
- RCM 1001 – Post-trial procedure
The RCM should be your go-to guide for the mechanics of courts-martial.
Military Rules of Evidence (MRE)
The MRE spell out the evidentiary rules for courts-martial. They are similar to the Federal Rules of Evidence used in civilian courts. Some key rules include:
- MRE 301-303 – Presumptions and privileges
- MRE 404 – Character evidence
- MRE 609 – Impeachment with convictions
- MRE 801-807 – Hearsay
- MRE 901-903 – Authentication and identification
If you have an evidence issue, the MRE should be your starting point.
Punitive Articles
This section defines offenses under the UCMJ. Some common punitive articles include:
- Art. 81 – Conspiracy
- Art. 90 – Assaulting superior officer
- Art. 92 – Failure to obey order
- Art. 107 – False official statements
- Art. 118 – Murder
- Art. 120 – Rape, sexual assault
- Art. 121 – Larceny
- Art. 128 – Assault
Each article contains elements of the offense that must be proven. Review the punitive article for any offense you are investigating or defending against.
Appendices
The MCM also contains helpful appendices, including:
- Appendix 2 – Maximum punishments for each offense
- Appendix 3 – Forms for charges and specifications
- Appendix 5 – Non-binding disposition guidance
- Appendix 8 – Rules for non-judicial punishment proceedings
Check the appendices for issues like sentencing, forms, and NJP procedures.
Discussion Sections
Throughout the MCM there are discussion sections that provide commentary on various rules. These are not binding but can provide helpful guidance. The discussion sections follow the relevant rule and are titled “Analysis.”
How to Use the MCM
Here are some tips for effectively using the MCM as a military lawyer:
- Keep the latest version handy and stay up to date on changes
- Use the index and table of contents to quickly find what you need
- Read the relevant RCM for any procedural issue
- Consult the MRE for any evidence problems
- Review punitive articles for offenses you’re investigating or defending
- Check the appendices for things like forms, NJP rules, etc.
- Read analysis sections for guidance on interpreting rules
- If you can’t find an answer, check case law and consult peers
With practice, you’ll get very familiar with finding what you need in the MCM. It contains a wealth of helpful information, so get comfortable using it!
Key MCM Resources
Here are some key MCM resources every military lawyer should know about:
- JSC Military Justice Website – Get the current MCM and updates
- Military Law Review – Articles on military justice issues
- CAAF Opinions – Guidance on UCMJ and MCM rules
- TJAGLCS Publications – Practice guides
- Military Justice Reporter – Print reporter with case summaries
Consult these resources when you need additional guidance on military justice issues.
Conclusion
The MCM provides the foundation for military justice practice. Mastering its rules, procedures, and resources is critical for military lawyers. Use this guide as a starting point for improving your MCM skills. With experience, you’ll become intimately familiar with its content and conventions. The MCM reflects the practice of military law – so keep it close at hand!