DA PAM 27-9 2010 — Legal Services Military Judges' Handbook

DA PAM 27-9 2010 governs pattern instructions and suggested procedures for trials by general and special court-martial.

Search DA PAM 27-9 2010

  • Publication number: DA PAM 27-9 2010
  • Title: LEGAL SERVICES MILITARY JUDGES' HANDBOOK
  • Date: 15 Jun 2007
  • Proponent: 05000 General Admin & Management
  • Status: Current

View DA PAM 27-9 2010 on armypubs.army.mil

It contains guidance on military judge duties, trial procedure, voir dire, challenges, sentencing, and findings instructions. It states that instructions must be tailored to the facts of each case and includes procedures for court-martial proceedings.

Topics covered

  • Military judge obligations
  • Trial instructions
  • Individual voir dire
  • Challenges for cause
  • Sentence announcements
  • Post-trial and appellate rights
  • Findings instructions

Questions and answers

Can one standardized set of instructions cover every court-martial trial?

No standardized set of instructions can cover every situation arising in a trial by court-martial. (paragraph 1–2)

When are challenges made during a court-martial?

Challenges are to be made outside the presence of the court members in an Article 39(a) session. (paragraph 3)

How should military judges analyze challenges for cause?

Military Judges should analyze all challenges for cause under both actual and implied bias theories, even if the counsel do not specifically use these terms. (paragraph 3)

What standard applies when determining actual bias?

The test for actual bias is whether the member’s bias will not yield to the evidence presented and the judge's instructions. (paragraph 3)

What presumption applies to the accused during findings deliberations?

The law presumes the accused to be innocent of the charge(s) against (him) (her). (paragraph 3)

Ask Reggie.Bot a question about DA PAM 27-9 2010