The Manual for Courts-Martial (MCM)

The Manual for Courts-Martial (MCM), United States (2012 Edition) updates the MCM (2008 Edition).
It is a complete reprinting and incorporates the MCM (2008 Edition), including all amendments to the Rules
for Courts-Martial, Military Rules of Evidence (Mil. R. Evid.), and Punitive Articles made by the President in
Executive Orders (EO) from 1984 to present, and specifically including EO 13468 (24 July 2008); EO 13552
(31 August 2010); and EO 13593 (13 December 2011). See Appendix 25. This edition also contains
amendments to the Uniform Code of Military Justice (UCMJ) made by the National Defense Authorization
Acts for Fiscal Years 2009 through 2012. Some of the significant changes are summarized and listed below.
This summary is for quick reference only and should not be relied upon or cited by practitioners in lieu of the
actual provisions of the MCM that have been amended.
The MCM (2012 Edition) includes unique changes warranting attention. Discussion has been added or
amended to address changes in practice resulting from United States v. Campbell, 71 M.J. 19 (C.A.A.F.
2012); United States v. Fosler, 70 M.J. 225 (C.A.A.F. 2011); and United States v. Jones, 68 M.J. 465
(C.A.A.F. 2010). See R.C.M. 307(c)(3); R.C.M. 307(c)(4); R.C.M. 906(b)(12); R.C.M. 907(b)(3)(B); R.C.M.
910(a)(1); R.C.M. 918(a)(1); R.C.M. 1003(c)(1)(C); and in Part IV of this Manual, paragraph 3b, paragraph
60c(6)(a), and the discussion at page IV-1. The Discussion added in 2012 was a short-term solution intended
to address recent, broad changes in the law. Although it may describe legal requirements derived from other
sources, the Discussion does not have the force of law. It is in the nature of a treatise, and may be used as
secondary authority. The Discussion will be revised from time to time as warranted by changes in applicable
law. See Composition of the Manual for Courts-Martial in Appendix 21 of this Manual.
Practitioners are advised that the Mil. R. Evid. will be amended after the publication of this Manual and
will take effect only after the President signs the relevant EO. Once approved, the revised Mil. R. Evid. will
exist outside of this Manual until its next complete reprinting.
Practitioners are also advised that Article 120 has been amended by the National Defense Authorization
Act for Fiscal Year 2012, Public Law 112-81, 31 December 2011. The amended version of Article 120
creates three separate sexual offense statutes: Article 120 for adult offenses; Article 120b for child offenses;
and Article 120c for other sexual offenses. Article 120a remains unchanged. As of 2012, there are now three
versions of Article 120, and each version is located in a different part of this Manual. For offenses committed
prior to 1 October 2007, the relevant sexual offense provisions are contained in Appendix 27. For offenses
committed during the period 1 October 2007 through 27 June 2012, the relevant sexual offense provisions are
contained in Appendix 28. For offenses committed on or after 28 June 2012, the relevant sexual offense
provisions are contained in Part IV of this Manual (Articles 120, 120b, and 120c).

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