Findings Worksheet

The MCM discusses the findings worksheet in R.C.M. 921, "Discussion." Ordinarily, a findings worksheet is provided to the members as an aid to putting the findings in proper form. If the military judge examines any writing by the members, or otherwise helps them to put findings in proper form, this is done in open session and counsel is given an opportunity to examine such a writing and to be heard on any instructions the military judge may give. The findings worksheet is designed to assist the president of a court-martial to properly announce the findings of the court-martial in open session. During an Article 39(a) session, before instructions and argument on findings, counsel for both sides and the military judge decide whether or not they feel that a lesser included offense contained within the charged offenses has been raised during the trial. After this Article 39(a) session, if required, a modified findings worksheet is prepared to reflect the decision of the court as to possible exceptions and substitutions or violations of offenses other than those charged.

The findings worksheet is generally prepared by the TC who should take care that it is tailored to the individual case. (Format for findings is shown in appendix 10 of the MCM.) A sample findings worksheet is shown in figure 6-18. The worksheet is marked as in appellate exhibit and attached to the record of trial.

In preparing the worksheet, each specification is addressed individually, as well as the charge. It is proper to allow for acquittal of all charges and specifications before allowing for conviction of all charges and specifictions. This is also true for allowing the members to select Not Guilty before Guilty so as not to show prejudice toward the guilt of the accused.

If the accused pled to a lesser included offense, the members must be informed of that plea since it admits some essential elements that the government would otherwise have to prove. Do not enter findings in a member's trial on a lesser included offense plea unless the prosecution does not intend to prove the greater offense. If members will decide between the greater and lesser offense, then tailor the worksheet to limit their findings to those choices.

Figure 6-17.-Sample flyer.

_{Sentence Worksheet} sentence of the court-martial in open court. Normally, the military judge and counsel for the prosecution and ^{The sentence worksheet is designed to help the} defense discuss the maximum permissible punishment president of a court-martial to properly announce the for the offenses that the accused has been convicted and

Figure 6-18.-Findings worksheet.

Figure 6-18.-Findings worksheet-Continued.

any requests for instructions at an Article 39(a) session before instructions and argument on sentencing. After this Article 39(a) session, the sentence worksheet is prepared reflecting the announcement of two-thirds of the members agreeing if the sentence is to confinement for more than 10 years. In the case of a guilty plea by the accused to all charges and specifications, with a panel of members for sentencing, the sentence worksheet can be prepared before the court-martial.

A format for a sentence worksheet is shown in appendix 11 of the MCM and figure 6-19. In a special BCD court-martial, allow for discharge with a BCD. In a GCM, the worksheet also could include confinement for a period of years, forfeiture of all pay and allowances, dishonorable discharge, and dismissal from the service, depending upon the charges and specifications that the accused was convicted of, and the rank of the accused. If you have an accused who is an E-1, do not allow for his or her reduction. The sentence worksheet is labeled as an appellate exhibit and attached to the record of trial.

Seating Chart

The members are seated with the president who is the senior member in the center and the other members alternately to the president's right and left, according to rank.

To prevent confusion for the members upon entering the courtroom, take the time to prepare a seating chart for them and show them the order that they should enter the courtroom for ease in finding their respective seats. Give a copy of the seating chart to the military judge, counsel, and yourself for identification of members during the proceedings. A sample seating chart is shown in figure 6-20. However, remember that depending upon the configuration of your courtroom this may or may not apply. It is a suggested sample that may need to be tailored.