SAMPLE PLEAS AND FINDINGS

The manner in which you will transcribe the accused's pleas and the findings of the court in the record is shown as follows. Remember, these are only samples. You must record and transcribe the pleas and findings verbatim exactly as stated by the defense or accused or as announced by the presiding officer:

Pleas

If three charges and specifications were deliberated upon by the court, and the finding of the court was guilty as to the first and third charges with their specifications, but not guilty to the second charge and its specification, the following is the manner in which the findings should be recorded:

If five charges were referred to trial and a motion for a finding of not guilty was sustained as to Charge II, the CA withdraws Charge IV after arraignment, the accused pleads guilty to Charge I and the court found the accused guilty of Charge III and its specification, but not guilty of Charge V and the specification thereunder, the findings would be set out as follows:

No mention should be made in the findings as to withdrawn charges or charges upon which a determination of not guilty has previously been made by the court.

In an appropriate case, where the accused is found not guilty of all charges and specifications, or of the charge and specification, amounting to an acquittal, the findings need not be indented or blocked, but should instead appear as one continuous statement by the president as shown in the following example:

PRES: Doe, it is my duty as presidentof this court to advise you that the court in closed session and upon secret written ballot has found you not guilty of (the) (all) Specification and Charge(s).

RECORDS OF TRIAL AND CONTENTS GENERAL AND SPECIAL COURTS-MARTIAL

The final format of the record of trial is dictated by the MCM and supplemental regulation issued by the SECNAV(JAG). Making sure the record is correct and complete is one of your greatest responsibilities as a court reporter.

TYPES

There are two types of trial records. These are verbatim and summarized records. Verbatim records are required in all GCM cases when any part of the sentence adjudged exceeds 6 months of confinement or other punishments that may be adjudged by an SPCM, or a BCD has been adjudged. A verbatim record is also required in SPCMs where a BCD has been adjudged. Summarized records may be used only in an SPCM that does not adjudge a BCD.

COPIES AND DISTRIBUTION

In GCMs and SPCMs that require a verbatim transcript, prepare an original and four copies of the record of trial and send them to the CA. In all other GCMs and SPCMs, prepare an original and one copy of the record of trial and send them to the CA. In a joint or common trial you will need to prepare an additional copy of the record for each accused. The convening or higher authority may direct that additional copies of the record of trial of any GCM or SPCM be prepared. You should check the policy before sending the record of trial to make sure the correct number of copies is provided. You also must prepare a copy of the record for delivery to each accused after it is authenticated.