relieved by a plea of guilty. The many duties of the trial counsel vary widely beginning at the time of assignment to  the  trial.  The  duties  change  throughout  the preparation for trial, the trial itself, and the preparation and disposition of the record of trial. All accused persons have the right to be represented before special and general courts-martial by defense counsel. This counsel may be a civilian or military lawyer  selected  by  the  accused  or  the  convening authority may appoint a defense counsel. If a civilian counsel is selected, the accused must pay the counsel’s expenses. If the accused prefers to select a civilian counsel, the detailed counsel and assistant counsel act as associate counsel if the accused so desires; otherwise, they may be excused. Art. 55. Cruel and Unusual Punishments Prohibited Article  55  prohibits  any  cruel  or  unusual punishment. In particular, courts-martial are forbidden to  award  sentences  that  include  flogging,  branding, marking, or tattooing the body. The use of irons is also prohibited except for the purpose of safe custody. Punitive Articles of the  UCMJ The  punitive  articles  of  the    UCMJ    are  those numbered  77  through  134.  They  are  the  laws  of Congress telling you what you must do and must not do, under pain of punishment. What about civil laws? Can you be given military punishment for nonmilitary offenses? Yes, you can. For example,  the  only    U C M J    regulations  against drunkenness are for drunken driving and being drunk on duty. Many civilian communities, though, have laws against public intoxication. If you are found guilty in civil court and spend time in jail for public intoxication, the Navy can try you for being absent without leave (UCMJ, article 86) and for bringing discredit upon the Navy (UCMJ, article 134). If you willfully refuse to pay just debts, you will be warned  to  pay  them  by  your  commanding  officer. Continued failure to pay your debts can lead to an undesirable type of discharge. The Navy has no use for people who don’t exhibit integrity and honesty. On the other hand, if unscrupulous dealers are gouging you, see your legal officer for assistance. The punitive articles that follow are those that you are required to know. If you have any questions about their meaning, ask your division officer for guidance. Art. 77. Principals The mere fact that a person is at the scene of a crime does not make the person a principal. To be a principal of a crime, the person must be guilty of intent to aid or encourage the person(s) who committed the crime. A person who witnesses a crime can be a principal. Evidence must show the witness had a duty to interfere and  the  witness’s  noninterference  was  intended  to operate and did operate to encourage or protect the perpetrator. A person may be a principal even though not at the scene of the crime if he/she commanded, advised, or obtained another person to commit an offense. Art. 78. Accessory After the Fact Any person subject to this chapter who, knowing  that  an  offense  punishable  by  this chapter  has  been  committed,  receives, comforts, or assists the offender in order to hinder or prevent his apprehension, trial, or punishment shall be punished as a court-martial may direct. A person who voluntarily gives an escaped prisoner provisions  that  permit  him/her  to  avoid  pursuers becomes an accessory after the fact to the prisoner’s escape.  Provisions  include  transportation,  clothing, money, or any other necessities. Art. 79. Conviction of Lesser Included Offense An  accused  may  be  found  guilty  of  an offense  necessarily  included  in  the  offense charged or of an attempt to commit either the offense  charged  or  an  offense  necessarily included therein. Examples  of  what  generally  are  held  to  be lesser-included  offenses  contained  in  a  principal o ff e n s e i n c l u d e t h e f o l l ow i n g : 2-21 Student Notes: