discharge or whether the accused should be returnedto the accused’s unit.
On direct examination, a witness or deponent may respond af-f i r ma t i v e l y o r ne g a t i v e l y r e g ar d i n g w h e t h e r t h e ac c u sed has
rehabilitative potential. The witness or deponent may also opinesuccinctly regarding the magnitude or quality of the accusedrehabilitative potential; for example, the witness or deponent mayopine that the accused has “great” or “little” rehabilitative poten-tial. The witness or deponent, however, generally may not furtherelaborate on the accused’s rehabilitative potential, such as de-scribing the particular reasons for forming the opinion.
C r os s -e x am i na t i o n .
On c r os s - ex a m i na t i on ,
inquiry is permitted into relevant and specific in-stances of conduct.(F)
Notwithstanding any other provi-sion in this rule, the scope of opinion testimonypermitted on redirect may be expanded, dependingupon the nature and scope of the cross-examination.
For example, on redirect a witness or deponent may testify re-garding specific instances of conduct when the cross-examinationof the witness or deponent concerned specific instances of mis-conduct. Similarly, for example, on redirect a witness or deponentmay offer an opinion on matters beyond the scope of the ac-cused’s rehabilitative potential if an opinion about such matterswas elicited during cross-examination of the witness or deponentand is otherwise admissible.
Matter to be presented by the defense.
The defense may present mattersin rebuttal of any material presented by the prosecu-tion and may present matters in extenuation andmitigation regardless w hethe r the def ense of f er ed
evidence before findings.(A)
Matter in extenuation.
Matter in extenua-tion of an offense serves to explain the circum-stances surrounding the commission of an offense,including those reasons for committing the offensew h i c h d o n o t c o n s t i t u t e a l e g a l j u s t i f i c a t i o n o rexcuse.(B)
Matter in mitigation.
Matter in mitigationof an offense is introduced to lessen the punishmentto be adjudged by the court-martial, or to furnishgrounds for a recommendation of clemency. It in-cludes the fact that nonjudicial punishment underArticle 15 has been imposed for an offense growingout of the same act or omission that constitutes theoffense of which the accused has been found guilty,particular acts of good conduct or bravery and evi-dence of the reputation or record of the accused int he serv ic e f or ef f iciency , f i d el i ty , sub o r d i nati on,
temperance, courage, or any other trait that is desira-ble in a servicemember.(2)
Statement by the accused.
The accused may testify, makean unsworn statement, or both in extenuation, inmitigation or to rebut matters presented by the pros-ecution, or for all three purposes whether or not theaccused testified prior to findings. The accused maylimit such testimony or statement to any one or moreof the specifications of which the accused has beenfound guilty. This subsection does not permit thefiling of an affidavit of the accused.( B )
T e s t i m o n y o f t h e a c c u s e d .
T h e a c c u s e dmay give sworn oral testimony under this paragraphand shall be subject to cross-examination concerningit by the trial counsel or examination on it by thecourt-martial, or both.( C )
U n s w o r n s t a t e m e n t .
T h e a c c u s e d m a ymake an unsworn statement and may not be cross-examined by the trial counsel upon it or examinedupon it by the court-martial. The prosecution may,however, rebut any statements of facts therein. Theunsworn statement may be oral, written, or both, andmay be made by the accused, by counsel, or both.
An unsworn statement ordinarily should not include what is prop-erly argument, but inclusion of such matter by the accused whenp erso nally ma k in g an oral state m en t norma lly should n ot b e
grounds for stopping the statement.
Rules of evidence relaxed.
The military judgemay, with respect to matters in extenuation or miti-gation or both, relax the rules of evidence. This mayinclude admitting letters, affidavits, certificates of military and civil officers, and other writings of sim-ilar authenticity and reliability.(d)
Rebuttal and surrebuttal.
The prosecution mayrebut matters presented by the defense. The defensein surrebuttal may then rebut any rebuttal offered bythe prosecution. Rebuttal and surrebuttal may con-tinue, in the discretion of the military judge. If theMilitary Rules of Evidence were relaxed under sub-