first step is to become familiar with thoseparagraphs of the Manual for Courts-Martial,1984 (MCM) describing the alleged offense(s).Part IV of the MCM describes those actions themilitary considers offenses. Within eachparagraph is a section entitled “Elements” thatlists the requirements for proof of the offense.Be careful to focus your attention on the correctelement of proof. Copy down the elements ofproof to help you in your search for relevantevidence. Your job is to search for anything thatmight prove or disprove an element of proof. Youmust remain impartial.Your second objective is to collect informationabout the accused. That information will aid thecommanding officer in making proper dispositionof the case. The information will also help thecommanding officer decide what nonjudicialpunishment (NJP), if any, is appropriate. Itemsof interest to the commanding officer include:The accused’s currently assigned dutiesEvaluation of his or her performanceThe accused’s attitudes and ability to getalong with othersPersonal difficulties or hardships theaccused is willing to discussStatements given by supervisors, peers, andthe accused provide the best source of informa-tion about the accused.Figure 2-4.-Witness’ Statement.2-5
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