Use of Red Cross reports in courts-martial cases:
(a) Commanders exercising general courts-martial jurisdiction may request reports on home
conditions and social histories for use in mitigation, remission and suspension of
sentences. Field directors are authorized to accept requests for such information
concerning certain prisoners awaiting trial by general courts-martial, or with sentences
which include dishonorable or bad conduct discharges.
(b) Information requests must be specific when background information is needed.
Examples: identifying information, statements from welfare agencies knowing the
prisoner, particulars of unusual factors in individual development or family history,
health and medical history, education, employment and present home situation. Data
relating to aggravating or mitigating circumstances or to prior criminality cannot be
requested.
(c) Referrals should be made to the Red Cross only after the individual has been interviewed
and it has been determined that additional information is necessary. The local chapter
should be furnished information through the field director on the status of the individual
and the reasons for the request. The person concerned must give written consent to the
request, and the individual's family must be notified of his status and advised that the
report is requested for a specific purpose.
(d) Information received from the Red Cross will be regarded as confidential. It will not be
made available to the prisoner, detentioners, defense counsel, law officer, or any other
person for use in trial. It may be included as part of or attached to screening reports
which are furnished the convening authority or other reviewing officials after the trial is
concluded.
(e) Written Red Cross reports will not be considered a part of the individual's official
records. When their purpose is served, they will be filed with all other confinement
reports.
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