Page:United States Statutes at Large Volume 70A.djvu/108

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50

50 Sec. 850. 851. 852. 853. 854.

Art. 50. Admissibility of records of courts of inquiry. 51. Voting and rulings. 52. Number of votes required. 53. Court to annouoce action. 54. Record of trial.

§ 836. Art. 36. President may prescribe rules (a) The procedure, including modes of proof, in cases before courtsmartial, courts of inquiry, military commissions, and other military tribunals may be prescribed by the President by regulations which shall, so far as he considers practicable, apply the principles of law and the rules of evidence generally recognized in the trial of criminal cases in the United States district courts, but which may not be contrary to or inconsistent with this chapter. (b) All rules and regulations made under this article shall be uniform insofar as practicable and shall be reported to Congress. § 837. Art. 37. Unlawfully influencing action of court No authority convening a general, special, or summary court-martial, nor any other commanding officer, may censure, reprimand, or admonish the court or any member, law officer, or counsel thereof, with respect to the findings or sentence adjudged by the court, or with respect to any other exercise of its or his functions in the conduct of the proceeding. No person subject to this chapter may attempt to coerce or. by any uiiuuthorized means, influence the action of a court-martial or any other military tribunal or any member thereof, in reacliiug the findings or sentence in any case, or the action of any convening, approving, or reviewing authority with respect to his judicial acts. § 838, Art. 38. Duties of trial counsel and defense counsel (a) The trial counsel of a general or special court-martial shall prosecute in the name of the United States, and shall, under the direction of the court, prepare the record of the proceedings. (b) The accused has the right to be represented in his defense before a general or special court-martial by civilian counsel if provided by him, or by military counsel of his own selection if reasonably available, or by the defense counsel detailed under section 827 of this title (article 27). Should the accused have counsel of his own selection, the defense counsel, and assistant defense counsel, if any, who were detailed, shall, if the accused so desires, act as his associate counsel; otherwise they shall be excused by the president of the court. (c) I n every court-martial proceeding, the defense counsel may, in the event of conviction, forward for attachment to the record of proceedings a brief of such matters as he feels should be considered in behalf of the accused on review, including any objection to the contents of the record which he considers appropriate. (d) An assistant trial counsel of a general court-martial may, under the direction of the trial counsel or when he is qualified to be a trial counsel as required by section 827 of this title (article 27), perform any duty imposed by law, regulation, or the custom of the service upon the trial counsel of the court. An assistant trial counsel of a special court-martial may perform any duty of the trial counsel.