(
d
)
Voting
. — Except as to the admissibility of
evidence all rulings and finding of the Commission
shall be by majority vote except that conviction
and sentence shall be by the affirmative vote of
not less than conviction and sentence shall be by
the affirmative vote of not less than two-thirds
(2\3) of the member present.
(
e
)
Presiding Member
. — In the event that the
convening authority does not name one of the
member as the presiding member, the senior
officer among the member of the Commission
present shall preside.
IV. PROSECUTORS
(
a
)
Appointment
. — The convening authority shall
designate one or more person to conduct the
prosecution before each commission.
(
b
)
Duties
. — The duties of the prosecutor are:
(1) To prepare and present charges and
specifications for reference to a commission.
(2) To prepare cases for trial and to conduct the
prosecution before the commission of all cases
referred for trial.
V. POWER AND PROCEDURE OF COMMISSION
(
a
)
Conduct of the Trial
. — A Commission shall:
(1) Confine each trial strictly to fair and
expeditious hearing on the issues raised by the
charges, excluding irrelevant issues or evidence
and preventing any unnecessary delay or
interference.
(2) Deal summarily with any contumacy or
contempt, imposing any appropriate punishment
therefor.
(3) Hold public session when otherwise decided by
the commission.
(4) Hold each session at such time and place as it
shall determine, or as may be directed by the
convening authority.
(
b
)
Rights of the Accused
. — The accused shall be
entitled:
(1) To have in advance of the trial a copy of the
charges and specifications clearly worded so as to
apprise the accused of each offense charged.
(2) To be represented, prior to and during trial, by
counsel appointed by the convening authority or
counsel of his own choice, or to conduct his own
defense.

(3) To testify in his own behalf and have his
counsel present relevant evidence at the trial in
support of his defense, and cross-examine each
adverse witness who personally appears before
the commission.
(4) To have the substance of the charges and
specifications, the proceedings and any
documentary evidence translated, when he is
unable otherwise to understand them.
(c)
Witnesses
. — The Commission shall have
power:
(1) To summon witnesses and require their
attendance and testimony; to administer oaths or
affirmations to witnesses and other persons and to
question witnesses.
(2) To require the production of documents and
other evidentiary material.
(3) To delegate the Prosecutors appointed by the
convening authority the powers and duties set
forth in (1) and (2) above.
(4) To have evidence taken by a special
commissioner appointed by the commission.
(d)
Evidence
.
(1) The commission shall admit such evidence as
in its opinion shall be of assistance in proving or
disproving the charge, or such as in the
commission's opinion would have probative value
in the mind of a reasonable man. The commission
shall apply the rules of evidence and pleading set
forth herein with the greatest liberality to achieve
expeditious procedure. In particular, and without


You've reached the end of your free preview.
Want to read all 23 pages?
- Spring '14
- Supreme Court of the United States, Laws of war, War crime, petitioner, Military tribunal, military commission