This guide goes over the rules that are enforced during trials. We also know that the terms used in court may be hard for others to understand so don’t worry we got you covered with vocabulary terms that are often used in the courtroom.

Rule 1. A court martial only takes place if it is a very serious issue, or HCMD/LVL 4+ personnel have broken the code of ethics. Tribunals take place on the occasion that an enemy combatant has been captured.

Rule 2. There is a ranking structure to being the anointed judge to a court martial or tribunal. The priority list is as follows.

1. Ethics Committee. 

2. Site Administration.

3. GAMMA-9.

4. D5 HCMD.

5. Highest ranking Delta-5 Command.

6. IAA. 

7. Other branch’s HCMD.

8. Other SF’s. 

• Rule 3. The defendant may elect to have a lawyer represent them, or may represent themselves.

• Rule 4. All personnel are innocent until proven guilty in front of the judge.

• Rule 5. The Judge may use a council of officers to reach a verdict. 

• Rule 6. Professional RP is expected throughout the courtroom. Being mingy during a tribunal may lead to a AOS or in branch punishment depending how many times you disrupt the court session. 

• Rule 7. If the prosecutor isn’t cooperating with the judge. The judge may then call for a mistrial. Dismissing the case. However if the judge thinks the case is to serve for that the judge may then escort the prosecutor off the courtroom floor allowing another member there to take over! 

• Rule 8. The Judge also may call Contempt of court which either have the defendant have a longer/worse sentence or may have the prosecutor arrested and jailed. 

• Rule 9. If a member in the audience is causing a distraction the judge may have them removed or arrested for contempt of court depending on severity. 

Initating Charges: Evidence is submitted to the court and a determination is made whether enough exists to prosecute. 

Unlike a civilian trial, the investigation may continue during any part of the court-martial process.

Entering Pleas: After charges are made, the accused may then enter a plea. 

A guilty plea will only be accepted if the judge is satisfied that the accused fully understood the charges against them and the consequences; and the prosecution is not seeking the death penalty. 

Once a guilty plea is accepted, the accused will be sentenced.

Proceeding to Trial: If the accused enters a not guilty plea, a trial is called. Trial in a court-martial resembles civilian court trials. 

Each side may present evidence and cross-examine witnesses. 

A panel is selected by the judge, typically Commissioned Officers of a higher rank than the accused, and from different Mobile Task Forces. The judge instructs the panel on the applicable Ethical code, and then the panel issues a decision based on the evidence presented.

 If the accused is found guilty, either the panel or the judge will sentence the accused according to the sentencing guidelines applicable in the Code of Ethics.

Relevance : Question or Evidence does not relate to the issue at hand

Leading : Asking a Question that leads to a “Yes” or “No” answer (Allowed on Cross) “Isn't it true that..?” “Did you…?” 

Hearsay : Out of court statement made by someone other than the witness reporting it. Example : John states that Robert's best friend told him that he did it. 

Speculation : When the witness has to guess or assume details “I think”, “I Guess”, “Maybe” (Expert Witness may speculate on their Expertise)

Facts not in evidence : Presenting evidence not already declared as evidence. 

Lack of Foundation : Questions have to go in order of events and establish a groundwork. Cannot jump around. You saw this, then that led to this, and that led to this. 

Non-Responsive Witness :  Witness does not answer questions asked or avoid the question that is asked.

Asked and Answered : Question has already been addressed and answered by the witness. 

Character Evidence : Assuming someone's behavior. (Medical Experts may speculate on someones tendencies)

Compound Question : Asking more than one question per answer.

Vague Question : It is not clear what is being asked. 

Badgering : Intimidating the witness

Argumentative : Inserting an Argument into their question. Example : Did you do this because of this?