Block VIII - Post Sentencing Flashcards
Determine step-by-step procedures for distributing the Statement of Trial Results (STR). (W)
The TC provides the STR to the MJ →
The Military Judge ensures the STR is prepared, and signs it. →
The SJA must sign and attach the first indorsement to the STR, which indicates yes or no to DNA processing, Firearm prohibition, DV conviction, Sex offender notif, and Fingerprint card.
If someone else signs, signature must include “Acting as Staff Judge Advocate” →
STR is distributed w/ first indorsement IAW STR/Entry of Judgement distro list on the Deskbook.
State the purpose of an STR (Statement of Trial Results)
Following final adjournment of a general or special court-martial, the military judge signs an STR, which serves to notify specific individuals of:
Pleas, findings, sentence, forum, and plea agreement;
Suspension recommendation; and
Other information directed by the military judge.
What does Expurgated mean in regards to the STR?
There is a version where the sensitive or classified material has been removed
Who has the ultimate responsibility of ensuring the STR is distributed?
The SJA
What does unexpurgated mean in regards to the STR?
It means that sensitive or classified material is in this version of the STR.
Only certain parties get the unexpurgated version
What are the two types of STRs and what are the differences?
Unitary Sentencing: Referred before 1 Jan 2019, members sentenced ACC, all charged offenses occurred before 1 Jan 19 or straddling offenses, the ACC chose not to opt into new MJA16 rules.
Segmented Sentencing: Referred on or after 1 Jan 19, a MJ sentenced the ACC, all offenses occurred after 1 Jan 19, or the case has straddling offenses and ACC opted into MJA16 rules.
State the purpose of an STR
memorialize the results of a trial
When is an STR required?
In all SPCM and GCM that result in a conviction.
The content required is outlined in RCM 1101
When drafting an expurgated STR, list some of the substitutions made per AFI 51-201.
Initials are used in place of full names when:
Children under 16 years of age, regardless of verdict
Names of minor VICs under 18 years of age when charged offense is a CP offense, regardless of verdict
Names of adult sex offense VICs, regardless of verdict
Names of VICs that meet the criteria above when listed in other offenses on charge sheet. (Ex: 1 charge of Article 128 and one charge of Article 120, in both versions, those who meet above criteria, their name must be initials).
In a scenario environment prepare a Statement of Trial Results (STR) memorandum in accordance with instructions. (P/W)
Checklists and templates for the STR is on the Virtual Military Justice Deskbook on FLITEKM.
The templates/checklists tell you which version of the STR to use.
The STR is based on the sentence(s) adjudged at trial and the ACC rank is their rank at arraignment
State basic facts about completing post-referral indexing requirements in accordance with the Gun Control Act. (W)
If mbr is convicted of an offense triggering a prohibition to firearms:
Referred prior to 1 Jan 19: appropriate box is annotated on Report of Result of Trial and the CM order header must say “FIREARMS PROHIBITION - 18 USC 922”
Referred after 1 Jan 19: appropriate box must be completed on 1st ind of STR.
Report of Result of Trial or STR must be signed by SJA and forwarded to local AFOSI detachment, SF, and AFOSI/XI for proper reporting
SJA or designee must inform mbrs CC of impact of conviction regarding mbrs ability to handle ammo and firearms as a part of their duties, as well as retrieval of all personal firearms and ammo.
What documents are distributed to local AFOSI, SFS Reports and Analysis and the AF Indexing Cell?
All charge sheets referred to trial;
Report of Result of Trial, regardless of verdict or sentence;
Statement of Trial Results, regardless of verdict or sentence;
Court-martial orders;
Entry of Judgment;
Final order reflecting judgment of the appellate court; and
Other final disposition documentation in cases not referred to trial, where the offense investigated is a qualifying offense.
In a scenario environment prepare a DD Form 2707, Confinement Order in accordance with instructions. (PC/W)
SFS usually notified of confinement potential before CM
DD Form 2707: Grade block reflects ACC grade at arraignment.
Charged offenses in block 4, can be summarized.
TC signs block 7b, another JA signs block 8d as legal review and approval. →
SFS mbr from confinement facility will receipt f/ prisoner in block 11 →
SFS keeps original and Legal gets a copy of the form at that stage →
SFS ensures prisoner gets medical exam w/in 24-hrs. Once 2707 is completed, SFS provides completed copy to legal office and it is inserted into the ROT.
What is the purpose of the DD Form 2707?
The DD Form 2707, Confinement Order
Orders an accused into confinement.
Confinement is an authorized punishment for all types of C-M
If the ACC was placed in pre-trial confinement, what does the confinement facility require?
A new DD Form 2707 for post-sentencing confinement.
What is the AF Form 304?
Request for Appellate Defense Counsel
What is the purpose of the AF Form 304?
Used by the ACC to request representation by appellate DC during the appeal process.
The ACC’s DC is responsible for ensuring this form is C/W
Determine step-by-step procedures for preparing the request for appellate defense counsel (AF Form 304). (W)
To be completed as soon as possible after sentence is announced
Adequate address must be provided on the form even if ACC waives appellate review. ACC can have civilian counsel and military counsel
Original AF Form 304 is included in the ROT
The AF Form 304 is served on the mbr after the CA has taken action on their case, this is also included in the ROT.
What must be provided on the AF Form 304 even if the ACC waives appellate review?
An adequate address
Cannot be the current DC’s office or the organizational address
In a scenario environment prepare a DD Form 2704, Victim/Witness Certification and Election Concerning Inmate Status in accordance with instructions. (PC/W)
Section 1 contains administrative information
Form is still created if there are no VICs/Witnesses, and TC signs section 2.
Section 3 informs the VICs/Witnesses of their rights
Section 4: specifies orgs that must get a copy of the form
Section 5: Each VIC/witness makes their elections
One copy is sent to central repository, AF Sec Forces Center, confinement facility, and redacted copy to VIC/witnesses.
What is the purpose of the VIC and WIT notification?
Used to notify victim(s) and/or witness(es) of certain changes in an inmate’s status, in accordance with the Victims’ Rights and Restitution Act (VRRA) and Victim and Witness Protection Act (VWPA) of 1982.
When are VICs/Witnesses notified of the ACC status?
Scheduling of clemency or parole hearing
Transfer of inmate from one facility to another
Escape
Work release, furlough or any other form of release of the inmate from custody (parole supervision and inmates death)
Changes in confinement status for any emergency or special temporary home release granted
If there are no VICs or WITs in a case, does the DD Form 2704 still get created?
Yes
State why and when the submission of matters letter is served on a member convicted by court-martial. (W)
Notification occurs immediately after the sentence is announced
SJA, TC, or assistant TC notifies the ACC of the right to submit matters to the CA for consideration
Only submitted if there is a conviction/sentence
Where are copies of the DD Form 2704 sent to?
Central Repository
AF Security Forces Center
Confinement Facility where ACC is in post-sentencing confinement
Redacted copy goes to VIC/WIT (if app)
Discuss the sections of the DD Form 2704
Section 1 – admin info
Section 2 – Signed by TC after sentence announcement if the case does not have VICs/WITs. Then skip to section 4.
Section 3 – Signed by TC after sentence announcement if the case has VICs/WITs
Section 4 – Specifies orgs who must receive a copy of the form
Section 5 – Each )VIC/WIT is listed, and make an election on notification
If a VIC or WIT has a change in their contact information who do they contact to update their information?
VICs/WITs are responsible for ensuring any changes to their contact information is updated by reaching out to the AF Corrections Division.
List the rights that are explained in the submission of matters letter. (W)
Informs ACC of the right to submit matters to CA.
CA will consider matters submitted but may not consider character evidence related to VIC unless it was admitted at trial
Matters submitted by VIC will be provided to ACC for rebuttal
Failure to submit is a waiver of the right to
If ACC waives submission, it may not be revoked
ACC is entitled to recording of CM and exhibits
State why and when the submission of matters letter is served on a _member_ convicted by court-martial. (W)
Only submitted if there is a conviction/sentence
Notification occurs immediately after the sentence is announced
SJA, TC, or assistant TC notifies the accused of the right to submit matters to the convening authority for consideration
State why and when the submission of matters letter is served on victims of the accused convicted by court-martial. (W)
If ACC is found guilty and there is a VIC, the VIC has a right to submit matters before the CA takes action.
TC or SJA provides a copy of letter to the VIC(s) after sentencing.
VIC(s) receive same amount of time as ACC, including extension requests.
How long does the ACC have after a SPCM and GCM to submit matters?
10 calendar days
The CA may grant a 20 calendar days extension.
Total of 30 calendar days
How long after a SCM does the ACC have to submit matters?
7 calendar days
CA may grant a 20 calendar day extension
Total of 27 calendar days
Where does a copy of the submission of matters letter go once the ACC signs it?
in the ROT to show the ACC was informed of their post-sentencing rights
State simple facts about preparing the victims election for a Record of Trial (ROT). (W)
SJA is ultimately responsible for form completion
Purpose: Indicates whether a named victim(s) want to receive a ROT
Form includes: Case name, VIC name, phone #, and (permanent) mailing address.
Served when practical. NLT conclusion of trial.
What is the difference between adjudged forfeitures (FFs) and automatic forfeitures?
Adjudged FFs:
Part of the sentence at trial given by MJ or mbrs
Automatic FFs:
Confinement for more than six months or sentenced to death, or
Confinement of any amount and punitive discharge (BCD, DD, Dismissal)
@ GCM: all pay and allowances
@SPCM: ⅔ pay
Reference: A2-22 in MCM
Recognize basic information regarding deferments under Article 57(b), UCMJ. (W)
Defers adjudged/automatic FF’s, reduction in rank, and confinement
ACC makes deferment request to CA
If approved, deferment is in effect until entry of judgment is entered into the record for GCMs or SPCMs, or until the CA acts on sentence for a SCM
CA can rescind at any time
Deferment benefits the ACC
Recognize basic information regarding waivers under Article 58b, UCMJ. (W)
This is waiver to/of automatic FF’s for benefit of dependents
Take effect based on the adjudged sentence or the ACC status
Requested by the ACC or the CA
Dependents receive FF for up to six months; period of confinement, if less than six months; or expiration of term of service (ETS), whichever comes first
Explain simple facts about deferment of confinement. (W)
Request from ACC
The ACC must show proof that their interests outweigh community’s interest in imposing confinement upon sentencing
Deferment starts immediately after sentence until the time specified.
CA can grant a deferment of confinement after the adjournment of court but before EOJ
Approval/Disappr. must be in writing and placed in ROT, and ACC and MJ are provided copies.
List some factors the authority acting on a confinement deferment request must consider?
Probability of the accused’s flight, commission of other offenses, intimidation of wit(s), or interference w/ administration of justice;
Nature of the offense(s) of which the ACC was convicted, including the effect on the victim.
Adjudged sentence.
Command’s immediate need for the accused;
Effect of deferment on good order and discipline within the command; and
ACC character, mental condition, family situation, and service record.
When is the Notification of Adjudged Sentence (14 day memorandum) required?
The SJA of the office that prosecuted the case is required to notify certain agencies when a certain sentence is adjudged
Required in cases with:
Automatic FFs under Article 58b;
Adjudged FFs; and/or
Reduction in grade (enlisted only)
If any portion of the punishment is deferred, suspended, set aside, waived, or disapproved prior to the date of the memorandum, those terms must be included in the notification memorandum
Discuss how the Notification of adjudged sentence is created and distributed
Sent 14 calendar days after** sentence is adjudged **or w/in 24 hrs of EOJ.
Standard memorandum format
Sent to:
HQ AFPC/DP1SSP (enlisted only);
Accused’s servicing finance office; and
Informational copies are sent to HQ AFSFC/SFC and DFAS-IN/FLTBA
State the purpose of the Action of the Convening Authority. (W)
For the convening authority (CA) to approve or disapprove all or part of the findings, sentence, or both
Determine step-by-step procedures for distributing the Entry of Judgement (EOJ) memorandum. (W)
Send a copy to EOJ to all persons and agencies on STR/EOJ distro list by mail, e-mail or fax.
AFO (finance) and MPS using AF Form 1373
State the purpose of the notification of Entry of Judgement (EOJ) memorandum. (W)
Officially publishes the results of trial after all post-sentencing actions, rulings, or orders are complete
Terminates trial proceedings and initiates appellate proceedings
Do we have to do the 14 day memorandum if the EOJ is published prior to the 14 calendar day mark?
No
How long after the EOJ being published do you have to send out the Notification of EOJ Memorandum (24 hour memorandum)?
24 hours
Do we have to do the 14 day memorandum if the EOJ is published prior to the 14 calendar day mark?
No
Discuss how the different results of a court affects the timeframe of EOJ completion.
When a court results in an acquittal or terminates before findings = complete the EOJ ASAP
If the court results in a finding of NG by reason of lack of mental responsibility of all charges and specifications = complete the EOJ ASAP after RCM 1105 hearing
Court concluded w/ finding of G for any charge or specification = complete the EOJ after CA’s action
How do we distribute the EOJ to AFO (finance) and FSS?
AF Form 1373
When can an EOJ be modified?
The MJ who entered the judgment may correct computational or clerical errors within 14 days after the judgment was initially entered
The Judge Advocate General, the Court of Criminal Appeals, and the Court of Appeals for the Armed Forces may modify a judgment in the performance of their duties and responsibilities
If a case is remanded to a MJ, that MJ may modify the judgment, consistent w/ the purpose of the remand
In a scenario environment, prepare a notification of Entry of Judgement (EOJ) memorandum (24-hr memorandum) in accordance with instructions. (W/PC)
If any portion of the punishment or automatic FFs is deferred, or CA waives any portion of the automatic FFs, this memo must include the terms of the deferment or waiver
Format – Virtual Military Justice Deskbook
Same template as the 14 day memorandum
Substitution of appropriate words
Where is the notification of EOJ memorandum (24-hr memo) sent to?
HQ AFPC/DP1SSP (E’s only) (personnel center)
mbr’s finance office to notify of any reduction/ FFs
Info copies to HQ AFSFC/SFC (AF Security Forces Center) and DFAS-IN/FLTBA
Determine court-martial sentences that would require records of trial (ROT) to be transcribed in a verbatim or summarized format. (W)
Verbatim:
In SPCM or GCMs w/ adjudged sentence that includes: Death, Punitive Discharge (BCD, DD or dismissal), 12+ mo confinement, any sentence that cannot be adjudged at a SPCM
In a summarized transcript, these must be verbatim:
Findings on the jurisdictional basis for pros. of the offenses, if any. Findings, Sentence and any other verbatim portions requested by reviews SJA, counsel, MJ, etc.
Summarized:
In cases where verbatim is not required, includ acq.
In a scenario environment, prepare a DD Form 2329, Record of Trial by Summary Court-Martial in accordance with instructions. (PC/W)
Base legal office prepares blocks:
block 1 - 3c
Block 8 through the Charge(s) section before starting court
SCMO completes the rest of the blocks except block 13
Legal office ensures:
DD Form 2329 is correct and accurately reflects charge sheet, pleas, findings, and sentence as well as CA’s action.
Discuss the layout of the transcript for a GCM/SPCM regarding the first, second and final page.
The first numbered page
“THE PROCEEDINGS OF A (GENERAL) (SPECIAL) COURT-MARTIAL”
Also includes information regarding the session that is being called to order.
Page two
transcript starts
Page following last page of transcript
Referred to as the authentication page
Explain certification procedures for records of trial (ROT). (W)
Who certifies the ROT for GCMs and SPCMs?
The CR detailed to the court-martial
Explain certification procedures for records of trial (ROT). (W)
Who certifies the ROT for a Summary C-M?
The 2329 (ROT for SCM) is certified by the SCMO when they sign the 2329
Describe the process of the examination of the transcript leading to ROT certification.
Copy of transcript goes to TC & DC→
TC signs a memo stating their review is C/W →
If DC was able to review, they also sign a memo. If unable, DC provides doc w/ reasons why →
MJ reviews the exhibits f/ accuracy prior to CR certification of ROT →
CR certifies the ROT.
What is the form DD Form 490?
It is the front cover of the ROT
What is the transcript for Summary C-Ms?
The DD Form 2329, Record of Trial by Summary Court-Martial
What is the order of the SCM ROT papers?
DD Form 490 (front cover)
DD Form 2329
Other applicable documents:
Convening order and amendments
Charge sheet
Accused’s receipt for ROT
RCM 1106/1106A matters
Notice of post-clemency submission
Exhibits
Other allied papers
What is the governing directive for assembling ROTs?
AFMAN 51-203
What are the two sections of a ROT?
The main content
The attachments
What are some of the documents in the main section of the ROT?
DD Form 490 (Cover Page)
Entry of Judgment
Statement of Trial Results
Any action by the convening authority under RCM 1109 or 1110
Audio recording of proceedings
Charge sheet
Convening order and amendments
Forum election (Findings)
Forum election (Sentencing)
Exhibits
What are the contents of the attachment section?
PHO Report*
Pretrial Advice*
Record of former hearings (retrial)*
Exhibits not in evidence
RCM 1106/1106A matters
Deferment requests and action taken on request
Waiver/withdrawal of appellate review
Transcript
Other items as required by AFMAN 51-203
*If not admitted as an exhibit.
In a scenario environment, properly assemble a record of trial (ROT) with attachments in accordance with instructions. (PC/W)
Determine step-by-step procedures for distributing a record of trial (ROT). (W)
ACC gets ROT
VIC(s) get ROT
Can only do substitute service (serving on DC or VC) in extenuating circumstances: Unauthorized absence of the individual, Military exigency (war or another emergency), or Individual requests on the record at the C-M or in writing
What are allied papers and what are some examples?
Documents filed within the ROT dealing with the administration of the court-martial such as:
1st Indorsement to the DD Form 458
Any papers, indorsements, or investigations that accompanied the charges when referred for trial
Records of any former trial
Where are the categories and details of Allied Papers found?
AFMAN 51-203
What determines the type of appellate review done on a court-martial?
Type of C-M and the approved sentence
Identify the types of court-martial cases that are reviewed by a judge advocate under Articles 64, and 65(d), UCMJ. (W)
Article 64:
Reviewed by a JA at GCM legal office f/ SCM’s w/ a finding of guilt
ACC may petition for the record to be reviewed under Article 69 w/in 1 year of review completion
Article 65(d):
Reviewed by a JA at GCM legal office f/:
Any GCM or SPCM where ACC waived or withdrew appeal to AFCCA,
ACC failed to file timely appeal,
or where adjudged sentence did not exceed 6 mo confinement and a punitive discharge was not adjudged
ACC may petition for the record to be reviewed under Article 69 w/in 1 year of review completion
Identify the types of court-martial cases that are reviewed by The Judge Advocate General under Article 69, UCMJ. (W)
Article 69 review – office of TJAG
Any GCM where appellate review not been waived or withdrawn; No punitive discharge approved; and Confinement for less than one year.
If the JA performing the Art 64 review of a SCM states that corrective act is req as a matter of law and the GCMCA does not take such action it will go to an art 69
Identify the types of court-martial cases that are reviewed by the Air Force Court of Criminal Appeals (AFCCA) under Article 66, UCMJ. (W)
Consists of at least 3 appellate judges
Reviews SPCM or GCMs that meet the following:
Sentence of death, punitive discharge or dismissal, confinement of 2+ years
ACC can submit app f/ appeal if they were sentenced 6+ months confinement but didn’t meet any other automatic review criteria.
Cases referred by TJAG under RCM 1201 following an Art 69 review
How many judges are at the AFCCA (article 66) level?
3 appellate judges
Identify the types of court-martial cases that are reviewed by the United States Court of Appeals for the Armed Forces (CAAF) under Article 67, UCMJ. (W)
Cases in which death was affirmed by AFCCA (cannot be waived or withdrawn)
Cases reviewed by AFCCA that TJAG orders to go to CAAF for review
An ACC petitions court after Art 66 (AFCCA) is c/w and petition is granted
How many judges are at the CAAF (Article 67) level?
5 civilian judges
Identify the types of court-martial cases that may be reviewed by the U.S. Supreme Court under Article 67a, UCMJ. (W)
ACC may petition Supreme Court to hear their case after all lower courts have completed their review
An ACC’s petition for review is considered filed on the date the ACC places the petition in the mail or delivers it to the court in person
If the US Supreme Court denies the petition for review is the appellate process complete?
Yes.
How is final completion of SCM ROTs done?
Base legal office forwards original ROT & any copies to the GCM SJA’s office for the Article 64 review →
Once review is complete, GCM SJA’s office forwards the original ROT to JAJM
How is the final completion of SPCM ROTs done?
BCD was not adjudged:
original ROT & copies sent to the GCM SJA’s office f/ Article 65(d) review. →
GCM SJA’s office forwards the original ROT & copies to JAJM
BCD was adjudged:
base legal office forwards the original ROT & copies directly to JAJM once all post-sentencing processing is complete
How is the final completion of GCM ROTs done?
original ROT & copies are sent to GCM SJA for post-sentencing processing →
Once the GCMCA takes action & post-sentencing processing is c/w, the GCM SJA will send the original ROT and applicable copies to JAJM.
Where are ROTs ultimately sent?
After the appellate process is complete, regardless of the type of review, the ROT is sent to JAJM for filing
Outline the notification process for appellate court decisions. (W)
appellate courts complete review & send decision to JAJM →
JAJM notifies SJA of the CA →
SJA of CA completes The Certification of Final Review and distributes IAW STR/EOJ Distro list within 14 days→
If the accused is no longer within the command of the original convening authority, a courtesy copy is forwarded to the accused’s current convening authority with the authority to convene the type of court-martial involved
State the purpose of the certification of final review. (W)
used to notify the accused and other necessary parties of final decision at the end of all required reviews
It reflects the post-sentencing and appellate history of the case, including action taken by the convening authority, the appellate courts, TJAG, and the Secretary of the Air Force
Informs the accused of their right to petition the next higher court, if applicable.
Identify the responsibilities for preparation of the certification of final review. (W)
Drafter – Convening Authority’s SJA
Must be completed and personally signed by that CA SJA
Distributed in accordance with the STR/EOJ Distribution List within 14 days of receipt of notification of completion of final review from JAJM
If the accused is no longer within the command of the original convening authority, a courtesy copy is forwarded to the accused’s current convening authority with the authority to convene the type of court-martial involved
How is the final completion of GCM ROTs done?
original ROT & copies are sent to GCM SJA for post-sentencing processing →
Once the GCMCA takes action & post-sentencing processing is c/w, the GCM SJA will send the original ROT and applicable copies to JAJM.
