, 35807-35808 [X15-250622]

Download as PDF Federal Register / Vol. 80, No. 119 / Monday, June 22, 2015 / Presidential Documents 35807 (E) Argument by trial counsel on sentence. (F) Argument by defense counsel on sentence. (G) Rebuttal arguments in the discretion of the military judge." (bb) A new rule, R.C ..M. lOOlA, is inserted immediately after R.C ..M. lOOl(g) and reads as follows: "Rule I 00 1A. Crime victims and presentencing (a) In general. A crime victim of an offense of which the accused has been found guilty has the right to be reasonably heard at a sentencing hearing relating to that offense. A victim under this rule is not considered a witness for purposes of Article 42(b). Trial counsel shall ensure the victim is aware of the opportunity to exercise that right. If the victim exercises the right to be reasonably heard, the victim shall be called by the court-martial. This right is independent of whether the victim testified during findings or is called to testifY under R.C.M. 1001. (b) Definitions. (1) Crime victim. For purposes of this rule, a "crime victim" is an individual who has suffered direct physical, emotional, or pecuriiary harm as a result of the commission of ari offense of which the accused was found guilty. (2) Victim Impact. For the purposes of this rule, "victim impact" includes any financial, social, psychological, or medical impact on the victim directly relating to or arising from the offense of which the accused has been found guilty. (3) Mitigation. For the purposes of this rule, "mitigation" includes a matter to lessen the punishment to be adjudged by the court-martial or to furnish grounds for a recommendation of clemency. VerDate Sep<11>2014 18:53 Jun 19, 2015 Jkt 235001 PO 00000 Frm 00027 Fmt 4705 Sfmt 4790 E:\FR\FM\22JNE0.SGM 22JNE0 ED22JN15.047</GPH> tkelley on DSK3SPTVN1PROD with E0 (4) Right to be reasonably heard. 35808 Federal Register / Vol. 80, No. 119 / Monday, June 22, 2015 / Presidential Documents (A) Capital cases. In capital cases, for purposes of this rule, the "right to be reasonably heard" means the right to make a sworn statement. (B) Non-capital cases. In non-capital cases, for purposes of this rule, the "right to be reasonably heard" means the right to make a sworn or unsworn statement. (c) Content ofstatement. The content of statements made und~r subsections (d) and (e) oftllis rule may include victim impact or matters in mitigation. (d) Sworn statement. The victim may give a sworn statement under this rule and shall be subject to cross-examination concerning the statement by the trial counsel or defense counsel or examination on the statement by the court-martial, or all or any of the three. When a victim is under 18 years of age, incompetent, incapacitated, or deceased, the sworn statement may be made by the victim's designee appointed under R.C.M. 80l(a)(6}. Additionally, a victim under 18 years of age may elect to make a sworn statement. (e) Unsworn statement. The victim may make an unsworn statement and may not be crossexamined by the trial counsel or defense counsel upon it or examined upon it by the courtmartial. The prosecution or defense may, however, rebut any statements of facts therein. The unsworn statement may be oral, written, or both. When a victim is under 18 years of age, incompetent, incapacitated, or deceased, the unsworn statement may be made by the victim's designee appointed under R.C.M. 80l(a)(6). Additionally, a victim under 18 years of age may elect to make an unsworn statement. (1) Procedure for presenting unsworn statement. After the announcement of findings, a victim who would like to present an unsworn statement shall provide a copy to the trial counsel, defense counsel, and military judge. The military judge may waive this requirement for good VerDate Sep<11>2014 18:53 Jun 19, 2015 Jkt 235001 PO 00000 Frm 00028 Fmt 4705 Sfmt 4790 E:\FR\FM\22JNE0.SGM 22JNE0 ED22JN15.048</GPH> tkelley on DSK3SPTVN1PROD with E0 cause shown.

Agencies

[Federal Register Volume 80, Number 119 (Monday, June 22, 2015)]
[Presidential Documents]
[Pages 35807-35808]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: X15-250622]


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