CIRCUMSTANCES PERMITTING INCREASED PUNISHMENTS

There are three situations in which the maximum limits of Part IV, MCM, may be exceeded. These are known as the "escalator clauses" and are designed to permit a punitive discharge in cases involving chronic offenders. In no event, however, may the so-called escalator clauses operate to exceed the jurisdictional limits of a particular type of court-martial. With respect to a special court-martial, these three clauses have the following impact.

Three or More Convictions

If an accused is convicted of an offense for which Part IV, MCM, does not authorize a dishonorable discharge, proof of three or more previous convictions by court-martial during the year preceding the commission of any offense of which the accused is convicted will allow a special court-martial to adjudge a bad conduct discharge, forfeiture of 2/3 pay per month for 6 months and confinement for 6 months, even though that much punishment is not otherwise authorized. In computing the 1-year period, any unauthorized absence time is excluded.

Two or More Convictions

If an accused is convicted of an offense for which Part IV, MCM, does not authorize a punitive discharge, proof of two or more convictions within 3 years preceding the commission of any of the current offenses will authorize a special court-martial to adjudge a bad conduct discharge, forfeiture of 2/3 pay per month for 6 months, and, if the confinement authorized by the offense is less than 3 months, confinement for 3 months. For purposes of the second escalator clause, periods of unauthorized absence are excluded in computing the 3-year period.

Two or More Offenses

If an accused is convicted of two or more separate offenses, none of which authorizes a punitive discharge, and if the authorized confinement for these offenses totals 6 months or more, a special court-martial may adjudge a bad-conduct discharge and forfeiture of 2/3 pay per month for 6 months.

JURISDICTIONAL MAXIMUM PUNISHMENT

In no case can a special court-martial lawfully adjudge a sentence in excess of a bad conduct discharge, confinement for 6 months, forfeiture of 2/3 pay per month for 6 months, and reduction to paygrade E-1. But there are many lesser forms of punishment within these limits that may be adjudged.

PROHIBITED PUNISHMENTS

Article 55, UCMJ, flatly prohibits flogging, branding, marking, tattooing, the use of irons (except for safekeeping of prisoners), and any other cruel and unusual punishment. Other punishments not recognized by service customs include shaving the head, tying up by hands, carrying a loaded knapsack, placing in stocks, loss of good conduct time (a strictly administrative measure), and administrative discharge.

DEMEANOR ON WITNESS STAND

LEARNING OBJECTIVES: Identify 12 suggestions offered to help you conduct yourself properly on the witness stand. Explain the purpose of 11 tactics used by counsel, and give an example of each and your response.

As a Master-at-Arms, you undoubtedly will be called upon to testify in court. Remember that a court expects a more precise account from a patrolperson or investigator than from other witnesses. The following suggestions are offered to help you conduct yourself so that you will feel at ease and can direct all your efforts toward presenting your testimony:

--Wear the proper uniform.

--Be punctual.

--Remain calm; don't permit yourself to get confused or upset.

-- Tell the truth; don't conceal any facts concerning inquiries about the case.

--You can testify only to what you know to be fact. Hearsay is secondhand information; it is not what you know personally, but what someone else told you.

--Tell your story in your own way. Use plain language that is within the everyday experience and vocabulary of the members of the court or jury. Speak slowly, clearly, and distinctly. Always try to convey thoughts or pictures (not just words) to the court.

--If you make a mistake, no matter how slight, correct it. This method may save you much embarrassment later if the testimony of other witnesses differs from yours.

--Your attitude toward the court should always be respectful. Do not regard the lawyer who cross-examines you as the enemy.

--Remember: There is no hurry; take your time while testifying. The judge and members of a court-martial are anxious to hear what you have to say. They need all the information you can give.

--Limit your answers to the questions asked; do not volunteer information. Don't talk too much.

Keep your wits about you so you won't make mistakes and get fouled up on crossexamination. The opposing lawyer probably will make you repeat your testimony, hoping you will contradict or discredit your earlier statements. Know the facts, testify to them, and do not change your testimony.

Before you appear in court, carefully review what you know about the case, run over the facts, and mentally arrange them in proper sequence. As a result, you will be more confident of your ability to do a good job.

Some common tactics used by defense counsels during cross-examinations and the actions you should take are included in table 5-2.

MASTER-AT-ARMS DUTIES AT COURTS-MARTIAL, AND COURTS OF INQUIRY

LEARNING OBJECTIVES: Describe the usual duties of Master-at-Arms at courts-martial and courts of inquiry.

There are no prescribed duties for Masters-at-Arms at courts-martial or courts of inquiry. Usually each command sets its own procedures and directives for personnel assigned.

The following are some of the duties you may encounter and with which you should be familiar.