AIR FORCE INSTRUCTION 6 JUNE Law. ADMINISTRATION OF MILITARY JUSTICE. COMPLIANCE WITH THIS PUBLICATION IS MANDATORY. Supersedes AFI , 3 October Pages: Distribution: F. This instruction implements the Uniform Code of Military Justice (UCMJ). and now may be found in AFI , Administration of Military Justice, and AFI ,. Nonjudicial Punishment, respectively. 1. Good order.
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Definitions 5 5 I. The convening authority shall determine whether the requesting party has shown by a preponderance of the evidence that, because of the exceptional circumstances and in the interest of justice, the testimony must be taken and preserved for use at 512-01 preliminary hearing or court-martial. The following definitions More information.
ADD New Review of a certain specification s not referred to court-martial by convening authority. It is the policy of the Health Science Center to encourage fair, efficient, and equitable solutions for problems arising out of the employment.
See Enclosure 1 1. My SJA will provide aif assistance and support you require for the preliminary hearing. Last amended by Order dated March 1, ; effective May 2, If it is impracticable for the original convening authority to continue exercising authority over the charges, the convening authority may cause the charges, afii if referred, to be transmitted to a parallel convening authority.
The commander will zfi resolve any dispute among the parties on whether the witness will testify in person, by VTC, by telephone or similar means of remote testimony.
Pursuant to a pretrial agreement, that specification was withdrawn and dismissed with prejudice after imposition of the sentence. On [date], the accused submitted a waiver of the right to a preliminary hearing under Article 32, UCMJ. Once jurisdiction attaches in accordance with R. The preliminary hearing is your wfi duty until its completion. Witness to testify orally 2 Subject to any Act, statute More information.
Be it enacted by the People of the.
Notice of any witnesses that the GC intends to call at the preliminary hearing; Copies of or access to 51-210 written or recorded statements made by the witnesses GC intends to call at the preliminary hearing that relate to the subject matter of any charged offense; Notice of, and reasonable access to, any other evidence the GC intends to offer at the preliminary hearing; and Notice of, and reasonable access to, evidence that is within the possession or control of Avi that negates or reduces the degree of guilt of the accused for an offense charged Victim Testimony.
When a PHO has been delegated authority to aci delays, the period covered by the delay may be excluded by the convening authority from the day period under R.
If relevant to the limited scope and purpose of the preliminary hearing, and not cumulative, the PHO may consider other evidence, in addition to or in lieu of witness testimony including victimsincluding sworn statements, tangible evidence, or reproductions thereof, when submitted by either GC or DC, that the Afk determines to be reliable.
You shall ensure that you meet all requirements of serving as a PHO. Witness testimony may be provided in person, by VTC, by telephone or similar means of remote testimony. The PHO will administer this oath. The PHO shall provide GC and DC opportunity to cross-examine adverse witnesses on matters relevant to the limited scope and purpose of the preliminary hearing Other Evidence. This is a special pilot rule governing time limits for criminal proceedings in the Second Judicial District Court.
I have consulted with a judge advocate. Amend Rules More information.
e-CFR data is current as of December 20, : Code of Federal Regulations
Replace current entire Section 4A with the following: We rely on donations for our financial security. Establishment of the Atlanta Citizen Review Board.
Published on Arkansas Judiciary https: The Military Rules of Evidence M. The Ministry of Defence Police Conduct etc.
32 CFR 884.3 – Placing member under restraint pending delivery.
Sexual predisposition refers to an alleged victim s mode of dress, speech or lifestyle that does not directly 51-20 to sexual activities or thoughts but that may have a sexual connotation for the fact finder Hearing Order of Events. Specifically, the PHO should tell the accused and his counsel that the hearing or the presented evidence fai disclosed that the accused is reasonably suspected of offenses zfi than the ones charged and identify these offenses to the accused and counsel and then tell all parties that now the preliminary hearing is enlarged to encompass the additional offense.
On [date], the Commander, [unit], the Special Court-Martial Convening Authority, forwarded the charges and specifications with a recommendation for trial 51-2201 general courtmartial. ADD New When drafting pretrial advice pursuant to Article 34, UCMJ, SJAs should understand the difference between a specification with litigation risk that is warranted by the evidence versus a specification that is unwarranted by the evidence.
The rules More information. Prior consultation with the member s reserve component chain of command through JA channels is required. Ordinarily, Article 32 preliminary hearings are open to the public, including access by news media, whenever possible.
It ati the policy of the Health Science Center to encourage 51-21, efficient, and equitable solutions for problems arising out of the employment More information. This sheet is designed to help you understand More information. At a judge alone special court-martial, Appellant was convicted, consistent with his plea, of attempted sexual abuse of a child between 12 and 16 years old, in violation of Article 80, UCMJ, 10 U.
A copy of the recording will be provided to you following the close of the hearing.