Finding

Rules for Courts-Martial

Rule: 918

Jurisdiction: US

Bluebook Citation: R.C.M. 918

(a) General findings. The general findings of a court- martial state whether the accused is guilty of each charge and specification. If two or more accused are tried together, separate findings as to each shall be made. (1) As to a specification. General findings as to a specification may be: (A) guilty; (B) not guilty of an offense as charged, but guilty of a named lesser included offense; (C) guilty with exceptions, with or without substitutions, not guilty of the exceptions, but guilty of the substitutions, if any; (D) not guilty only by reason of lack of mental responsibility; or (E) not guilty. Exceptions and substitutions may not be used to substantially change the nature of the offense or to increase the seriousness of the offense or the maximum punishment for it. (2) As to a charge. General findings as to a charge may be: (A) guilty; (B) not guilty, but guilty of a violation of Article _________; (C) not guilty only by reason of lack of mental responsibility; or (D) not guilty. (b) Special findings. In a trial by court-martial composed of military judge alone, the military judge shall make special findings upon request by any party. Special findings may be requested only as to matters of fact reasonably in issue as to an offense and need be made only as to offenses of which the accused was found guilty. Special findings may be requested at any time before general findings are announced. Only one set of special findings may be requested by a party in a case. If the request is for findings on specific matters, the military judge may require that the request be written. Special findings may be entered orally on the record at the court-martial or in writing during or after the court-martial, but in any event shall be made before entry of judgment and included in the record of trial. (c) Basis of findings. Findings may be based on direct or circumstantial evidence. Only matters properly before the court-martial on the merits of the case may be considered. A finding of guilty of any offense may be reached only when the factfinder is satisfied that guilt has been proved beyond a reasonable doubt.

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