Wednesday, December 22, 2010


Miki Booth:  The Constitution Matters to Me

Miki Booth: The Constitution Matters to Me »

BUT NOT TO OBAMA, WHO HAS OBSCURED EVERYTHING ABOUT HIMSELF December 22, 2010 Dear Editor: The following letter was sent to Maj. Gen. Matthew Kemkes, the designee to receive all communications regarding Lt. Col. Terrence...
December 22 2010 / Read More »

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    FROM THE UNIFORM CODE OF MILITARY JUSTICE (1st SECTION EXCERPTS)
    http://www.au.af.mil/au/awc/awcgate/ucmj.htm


    832. ART. 32. INVESTIGATION

    (b) ...full opportunity shall be given to the accused to cross-examine witnesses against him if they are available and to present anything he may desire in his own behalf, either in defense or mitigation, and the investigation officer shall examine available witnesses requested by the accused.


    846. ART. 46. OPPORTUNITY TO OBTAIN WITNESSES AND OTHER EVIDENCE

    The trial counsel, the defense counsel, and the court-martial shall have equal opportunity to obtain witnesses and other evidence in accordance with such regulations as the President may prescribe...


    851. ART. 51. VOTING AND RULINGS

    (c) Before a vote is taken of the findings, the military judge ...shall, in the presence of the accused and counsel, instruct the members of the court as to the elements of the offense and charge them--

    (1) that the accused must be presumed to be innocent until his guilt is established by legal and competent evidence beyond reasonable doubt;

    (2) that in the case being considered, if there is a reasonable doubt as to the guilt of the accused, the doubt must be resolved in favor of the accused and he must be acquitted;

    (3) that, if there is reasonable doubt as to the degree of guilt, the finding must be in a lower degree as to which there is no reasonable doubt; and

    (4) that the burden of proof to establish the guilt of the accused beyond a reasonable doubt is upon the United States.


    854. ART. 54. RECORD OF TRIAL

    (c) (1) A complete record of the proceedings and testimony shall be prepared--
    ...(B) in each special court-martial case in which the sentence includes a bad-conduct discharge.
    ...(d) A copy of the record of the proceedings of each general and special court-martial shall be given to the accused as soon as it is authenticated.
    ----------------------------------------------------------------------

    --Matthew S.
    MattW@inbox.com

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