Page:Title 3 CFR 2005 Compilation.djvu/192

 Executive Orders EO 13387 "What is substantially one transaction should not be made the basis for an unreasonable multiplication of charges against one person." (h) R.C.M. 501(a)(1) is amended to read as follows: "(\177) General courts-martial. (A) Except in capital cases, general courts-martial shall consist of a mili- tary iudge and not less than five members, or of the military iudge alone if requested and approved under R.C.M. 903. (t\177) In all capital cases, general courts-martial shall consist of a military iudge and no fewer than 12 members, unless 12 members are not reason- ably available because of physical conditions or military exigencies. If \1772 members are not reasonably available, the convening authority shall detail the next lesser number of reasonably available members under \1772, but in no event fewer than five. In such a case, the convening authority shall state in the convening order the reasons why 12 members are not reasonably available." (i) R.C.M. 503(a)(3) is amended by deleting "court-martial" and inserting "courts-martial" in lieu thereof. (i) R.C.M. 503(b)(3) is amended by inserting the words ", a combatant command or ioint command" after the words "A military iudge from one armed force may be detailed to a court-martial convened in a different armed force". (k) R.C.M. 503(c)(3) is amended by inserting the words ", a combatant command or ioint command" after the words "A person from one armed force may be detailed to serve as counsel in a court-martial in a different armed force". (1) R.C.M. 504, (b)(2)(A) is amended by inserting the following at the end thereof: "A subordinate ioint command or ioint task force is ordinarily consid- ered to be "separate or detached."" (m) R.C.M. 504, (b)(2)(t\177) is amended by deleting the word "or" at the end of the first element thereof, by deleting the period and adding"; or" at the end of the second element thereof, and by inserting the following as a third element: "(iii) In a combatant command or ioint command, by the officer exer- cising general court-martial iurisdiction over the command." (n) R.C.M. 805(b) is amended by replacing the current second sentence with the following: "No general court-martial proceeding requiring the presence of members may be conducted unless at least five members are present, or in capital cases, at least 12 members are present except as provided in R.C.M. 501(a)(1)(t\177), where 12 members are not reasonably available because of physical conditions or military exigencies. No special court-martial pro- ceeding requiring the presence of members may be conducted unless at least three members are present except as provided in R.C.M. 912(h)." (o) R.C.M. 9\1772(f)(4) is amended by deleting the fifth sentence and by in- serting the following words immediately after the words "When a challenge for cause has been denied" in the fourth sentence:

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