Must the accused and defence counsel be given the chance to speak last at the close of the hearing?
General information · Not legal advice
Material to check
In the hearing record of a practice file we read the order in which each person spoke, any written opinion filed by defence counsel, and the military prosecutor's statement of views on fact and law, because the prosecutor's views come before the chance to speak finally that the provision gives the accused and defence counsel.
These are types of material to look for, not evidence already verified by PRO SE.
Where readings differ
One reading gives the paragraph a plain run: the accused and defence counsel each 'may state opinions' and 'have the opportunity to make a final statement', so once the military prosecutor has given views on fact and law after examination of the accused and the evidence, the defence is to be heard last.
Another reading stresses that the provision grants an 'opportunity', which the accused may decline, and it says nothing about the length of a statement, whether counsel and accused share that chance, or whether a further statement is allowed when new evidence is heard; in the special case the provision names, the prosecutor's opinion is 'deemed' given by the contents of the indictment, which may change what the defence is answering.
Your judgment
If the accused waives the final statement, how should the record show who made that decision and that it was made?
PRO SE does not make this decision or keep a case record on this public site.When to reconsider
We revisit this card if the provision is amended to require the defence to be heard, or if a court decision explains whether the defence must be given a further statement when the prosecutor's opinion is deemed given by the indictment.