1998 Amendments to the Manual for Courts-Martial, United States

1998-06-02Executive Order 13086
Signed by: William J. Clinton
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Headline: Amends Military Court Rules Affecting Service Members' Trials Nationwide

What it does: Federal military authorities must amend and apply the Manual for Courts-Martial to implement the listed procedural and evidence rule changes.

Real World Impact:
  • Changes pretrial confinement review and release rules for accused service members.
  • Adds new evidence rules in sexual assault and child-molestation trials.
  • Permits limited waiver of forfeited pay to provide dependent support.
Topics: military justice, court-martial procedures, evidence rules, mental health and competence, sentencing and parole

Summary

This order amends the Manual for Courts-Martial and updates many military trial rules. It revises pretrial confinement reviews, mental-competency hearings, appeals, sentencing deferments, and definitions related to classified information.

It also adds new evidence rules for sexual assault and child-molestation cases, creates a post-trial hearing for those found not guilty only by reason of lack of mental responsibility, and permits limited waivers of forfeited pay to support dependents.

These changes affect service members, commanders, military judges, accused persons, victims, and counsel by changing how courts-martial handle evidence, detention, and punishments.

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