Find Laws Find Lawyers Free Legal Forms USA State Laws
Home » Find Laws » Military Laws » Procedure June-1944

Procedure June-1944

0
WAR DEPARTMENT PAMPHLET .' NO. 27-4
I
OCE OR JP4q3-lYJ'
@p;95-
MILITARY
Return to Army libraryRoom 1A522, PentagM

WAR DEPARTMENT 12 JUNE 1944
RESTRICTED. DISSEMINATION OF RESTRICTED MATTER-The Infor-mation contained in restricted documents and the essential characteristics of restricted material may be given to any person known to be in the service of the United States and to persons of undoubted loyalty and discretion who are cooperating in Government work, but will not be communicated to the public or to the press except by authorized military public relations agencies. (See also par. 236,AR 380-5/15 Mar 1944.)
WAR DEPARTMENT, WASHINGTON
25, D. C., 12 June 1944. , , War Department Pamphlet No. 274, Procedure for Military Executions, is published for the&forr,lation aid guidance of all concerned.
! [A. G. 250.47 (8 Mar 441.1 , .
BYORDEW OF THE SECRETARY
OF WAR:
G. C. MARSHALL,
Chief of Staf.
OFFICL~L
:
J. A. ULIO,
Major General,
The Adjutant General.

DISTRIBUTION
:

T of Opns (10);Sv C (10) ;Base Comds (10) ;Island Comds (10); Def Comds (Overseas) ( 10) ;Sectors (Overseas) ( 10);Depts ( 18) ; Armies (10); Corps (10)'; D (2); Posts, Camps, Sta (1); Arm & Sv Boards (2) ;Stf Div (2) ;Tech Sv (2).
For explanation of s~mbols,see FM 2 1-6.
CONTENTS
Paragraphs

SECTION I.
General.............................................. 1-1 1

II.
Execution by Musketry................................ 12-14

III.
Execution by Hanging.............................. ---15-1 7

IV.
Proceedings After Execution ............................. 18-20

V.
Departures------------------------------21

VI.
S:ructures------------------------------22-24


VII.
Equipment ........................................... 25-28


SECTION I
GENERAL

Authority---------------------------------------
Time and Place ................................. h Delegation of Authority.......................... 3 Insanity---------------------------_---4 Pregnancy-------------------------------5 Witnesses ................................ 6 Multiple Executions .............................. 7 Escort----------------------------------8 Chaplain------------------------9 Medical Officer................................. 10 Miscellaneous........................... 11
1. Authority
Military executions will be by musketry or by hang- ing as designated by a court martial in imposing the sentence of death. (Manual for Courts-Martial, 103a, page 93.)
2. Time and Place
a.
The authority ordering the execution of a sen- tence of death designates or causes to be designated the time and place for such execution, any designa- tion made by the court as to such matters being disregarded. (Manual for Courts-Martial, 87b, page 76.)

b.
Where it is found to be impracticable to pro- ceed with the execution at the time named or at the place selected, the officer designated by the confirming authority to execute the sentence will designate at the earliest opportunity another time or place, and the execution will proceed according


. to the new designation.
3. Delegation of Authority
a.
The officer designated by the confirming au- thority to execute the approved sentence of death will be responsible for its execution. He may dele- gate to a subordinate ofFicer the duties connected with the carrying out of the execution.

b.
The subordinate officer named will be one under the direct control of the delegating authority. He will be duly and officially named by an order of the officer designated to execute the sentence and directed therein to carry out the execution.


4. Insanity
If, after issuance of order of execution, the prisoner shows signs of having become insane, the officer designated to execute the sentence may cause a board to be convened under the provisions of AR 600-500 to determine the sanity of the prisoner. If the board finds the prisoner to be sane, the execu- tion will proceed as ordered; but in the event he shall be found to be insane, notice of the findings of the board, including, if practicable, its report, will be transmitted to the confirming authority if other than the President, or to The Adjutant Gen- eral if the sentence was confirmed by the President, and the execution willbe stayed pending the receipt of further instructions.
5. Pregnancy
If the prisoner is a woman and medical examina- tion reveals that she is pregnant, immediate report of the fact will be made to the confirming authority or to The Adjutant General, as prescribed in para- graph 4, and the execution will be stayed pending Lhe receipt of further instructions.
6. Witnesses
The officer desiqnated to execute the sentence will prescribe whether the execution will be public or private, rules of secrecy as to time, place, and the presence of witnesses, military or civilian, including members of the press if the presence of the latter is deemed proper. If troops are designated to ob- serve an execution by musketry, these troops will be paraded and formed into the three sides of a hollow rectangle, facing inward and toward the site on which the prisoner is to be placed. In executions by hanging, the trooDs, if designated to witness the execution, will be paraded and formed in a square around the gallows. No photographs nor motion pictures of the actual execution will be permitted except for official purposes. The en- virons of the place of execution will be closely and securely guarded to prevent the intrusion of un-authorized persons. All persons in attendance will be cautioned that no demonstrations or unseemly conduct will be tolerated. Troops will assume the position of attention upon the approach of the escort and will remain at attention until the con- clusion of the ceremony.
7. Multiple Executions
In multiple executions by musketry, a separate ex- ecution party will be provided for each of the prisoners. The latter will be placed in line at an interval of 10 paces and executed simultaneously. When a multiple execution by hanging is required, the officer designated to execute the sentence will prescribe the number of gallows to be erected, and the prisoners will be hanged from the gallows simultaneously or by groups.
8. Escort
The escort for execution may be mounted, dis-mounted, or motorized, but upon arrival at the scene of execution, mounted or motorized escorts will form in the manner prescribed for dismounted escorts. The minimum escort will consist of com- ponents as prescribed in paragraph 13b.
9. Chaplain
In all executions, a chaplain of the prisoner's choice will be provided if practicable. If no chaplain of the prisoner's choice or of his particular denomina- tion is available, the officer charged with the execu- tion of the sentence will take all reasonable meas- ures to provide a civilian clergyman from that denomination.

10. Medical Officer
A medical officer will be officially designated to be in attendance upon the execution. It will be his duty to determine the extinction of life in the pris- oner and to rriake pronouncement thereof. He will furnish a death certificate to accompany the report of execution.
11. Miscellaneous
a.
The prisoner will be notified of the time of execution no less than 24 hours prior thereto if prac- ticable, at which time the order directing the execu- tion will be read to him by the officer charged with the execution of the sentence or by some officer at his direction.

b.
If practicable, due notice will be given to the next of kin of the prisoner and an opportunity pro- vided for the claiming of the body following the execution.

c.
A prisoner in the Armed Forces of the United States will be dressed in regulation uniform from which all decorations, insignia, or other evidences of membership therein have been removed. Likewise, no such evidences will appear on any clothing used in burial. Similar procedures may be dispensed with, in the discretion of the officer responsible for carrying out the execution (or higher authority), in the case of a prisoner in the armed forces of another nation. A prisoner not within the foregoing cate- gories may be dressed in any clothing available.


SECTION I1
EXECUTION BY MUSICETRY
Paragraph

Officer Charged with Execution-------------------12
Assembly of Escort....................... 13

Execution----------_-__------_--------------14
12. Officer Charged with Execution
The officer charged with the execution will com- mand the escortand make the necessary arrange- ments for the conduct of the execution. He will-
a.
Instruct the escort and the execution party in hkir duties.

b.
Arrange for the receipt of the prisoner by the prisoner guard.

c.
Arrange for an execution party of twelve men and one sergeant.

d.
Arrange for a chaplain to accompany the prisoner.

e.
Arrange for the presence of a medical officer at the scene of the execution.

f.
Cause a post with proper rings placed therein for securing the prisoner in an upright position to be erected at the place of execution.

g.
Cause twelve rifles to be loaded in hispresence. Not more than four nor less than one will be loaded with blank ammunition. He will lace the rifles at random in the rack provided for that purpose.

h.
Provide a black hood to cover the head of the

i.
Provide a 4-inch, round, white target.


j.
Cause the prisoner's armsto be secured behind his back, before or immediately after his receipt by the prisoner guard.

k.
Arrange for an ambulance or other conveyance with sufficient personnel to be in attendance upon the execution to receive and care for the body. In the event a contract undertaker is used bv the quartermaster, his services may be substituted. See


AR 30-1820.
13. Assembly of Escort
a. The band will be formed in accordance with section V, FM 28-5, will proceed to the exterior door of the place of imprisonment at which the prisoner is to be received by the prisoner guard, and halt near the door, facing in the direction of the scene of the execution. The presence of the band is optional at executions where the presence of troops is not required.
b.
The prisoner guard will consist of twelve men armed with rifles, under the command of a sergeant armed with a pistol. The prisoner guard will form in double ranks and at the proper time will proceed to the place of imprisonment to receive the prisoner.

c.
The main guard will consist of one or more platoons and will form in the rear of the band.

d.
The execution party will be formed unarmed and proceed to a previously prepared rack of rifles, secure arms,and move to the scene of the execution, halting 15 paces from and facing the position to be taken by the prisoner. At close interval, and at order anns, the party will await the arrival of the prisoner and escort.

e.
At the designated time the prisoner, with his arms bound securely behind his back, accompanied by the chaplain, will be received by the prisoner guard and placed between the ranks. The escort will then proceed toward the scene of the execution, the band playing the "Dead March."

f.
The escort will approach the scene of the exe- cution on line with the open side of the rectangle formed by the witnessing troops. The band will move past the point at which the prisoner is to be ~laced, and will take position on the opposite side of the rectangle, facing the scene of the execution. The prisoner guard, prisoner, and chaplain will proceed directly to the prisoner's post, halt, and face the execution party. The main guard will proceed to a point 5 paces behind the execution party and form a line facing the scene of execution.


14. Execution
a. The officer charged with the execution will take position in front of the execution party and face the prisoner. He will then read the charge, finding, sentence, and orders aloud to the prisoner. He will then no* the prisoner and the chaplain that a brief time will be allowed the prisoner for any last statement. After a reasonable time, he will order the sergeant of the execution party to secure the prisoner to the post and to place the hood over his head. Then the medical officer will place the target over the prisoner's heart. The prlsoner prepared, the officer charged with the ex- ecution will order the prisoner guard to join the main guard; the chaplain and medical officer will retire to the flank taken by the band. The oficer charged with the execution will take position 5 paces to the right of and 5 paces to the front of the execution party.
b. Commands for the execution may be given by a combination of manual and oral signals as prescribed.
( 1) When the officer charged with the execu- tion raises the right arm vertically overhead, palm forward, fingers extended and joined, the execution party will come to the "Ready" position as pre-scribed for firing a volley, and will unlock rifles.
(2)
When the officer charged with the execution lowers his arm to a horizontal position in front of his body, the execution party will take the position of "Aim."

(3)
When the officer charged with the execu- tion drops his arm directly to his side and orally commands: FIRE, the execution party will fire simultaneously.

(4)
The officer charged with the execution will then bring the execution party to "Order Arms."

c.
When the use of manual signals is not prac- tical, the following oral commands are prescribed:

(1)
At the command READY, the execution party will take that position and unlock rifles.



(2)
At the command AIM, the execution party will take that position with rifles aimed at target on the prisonei's body.

(3)
At the command FIRE, the execution party will fire simultaneously.

d.
The officer charged with the execution will join the medical officer who will examine the pris- oner and, if necessary, direct that the "coup de grace" be administered. Should the medical offi- cer so decide, the sergeant of the execution party will administer the "coup de grace," with a hand weapon, holding the muzzle just above the ear and one foot from the skull.

e.
Under exceptional circumstances, the officer charged with the execution, with the permission of the commanding officer, may detail an extra file of six men to administer the "coup de grace." This file will form the rear rank of the execution party, and if it is necessary to administer the "coup de grace," will move in front of the execution party and fire, at the command of the officer charged with the execution.

f.
Upon pronouncement of the death of the prisoner by the medical officer, the execution party will proceed to the racks from which the rifles were originally obtained, and replace the rifles in the racks at random. The execution party will then be dismissed.

g.
The escort, with the band playing a lively air, will return to their parade ground and be dismissed.

h.
The witnessing troops will parade in column ' in front of the body and proceed to their respective parade grounds where they will be dismissed.

i.
The officer charged with the execution will direct the burial party in the disposal of the body as prescribed by AR 2 10-500 and 30-1820.


SECTION I11
EXECUTION BY HANGING
Paragraph Officer Charged with Execution.................... 15 Assembly--------------------------------16
Execution--------------------------------------17
15. Officer Charged with Execution
The officer charged with the execution will com- mand the escort and make the necessary arrange- ments for the conduct of the execution. He d-
a.
Instruct components of the escort in their duties.

b.
Arrange for the receipt of the prisoner by the prisoner guard.

c.
Arrange for a chaplain to accompany the prisoner.

d.
Arrange for the presence of a medical officer at the scene of the execution.

e.
Provide a proper gallows.


f.
Provide a black hood to cover the head of the prisoner.

g.
Provide a collapse board for use if necessary.


h.
Cause the prisoner's arms to be secured be- hind his back, before or immediately upon his re- ceipt by the prisoner guard.

i.
Arrange for a burial party as prescribed in paragraph 12k.


16. Assembly
a.
The band will be formed in accordance with section V, Chapter 2, FM 28-5, will proceed to the exterior door of the place of imprisonment at which the prisoner is to be received bv the prisoner guard, and halt near the place of imprisonment, facing in the direction of the scene of the execution. The presence of the band is optional at executions where the presence of troops is not required.

b.
The ~risoner mard will consist of twelve men



"

armed with rifles, under the command of a sergeant armed with a pistol. The prisoner guard will form in double ranks and at the proper time will proceed to the door to receive the prisoner.
c. The main guard will consist of one or more platoons and will form in the rear of the band.
d.
At the designated time the prisoner, with his arms bound securely behind his back, accompanied by the chaplain, will be received by the prisoner guard and placed between the ranks. The escort will then proceed toward the scene of the execution, the band playing the "Dead March."

e.
Upon the arrival of the escort, consisting of the band, prisoner guard, main guard, prisoner and chaplain within the square formed by the witness- ing troops before the gallows, the sergeant of the prisoner guard and a sergeant from the main guard will conduct the prisoner to the platform of the gallgws, the officer charged with the execution and the chaplain preceding the prisoner.



17. Execution
a.
The officer charged with the execution will face the prisoner and read aloud to him the charge, finding, sentence and orders. He will then notify the chaplain and the prisoner that a brief time will be allowed the prisoner for any last statement. After a reasonable time he will have the sergeant from the main guard place the hood over the pris- oner's head and bind his ankles. The sergeant of the execution party will then adjust the noose around the prisoner's neck. The sergeant of the execution party will then place himself in position at the trigger and, upon a signal from the officer charged with the execution, will spring the trap. The officer char~ed with the execution and the medical officer wil then examine the body for time of death.

b.
Upon the pronouncement of the death of the prisoner, the escort, with the band playing a lively air, will return to the parade ground and be dismissed.

c.
The witnessing troops will move to their re-spective areas where they will be dismissed.

d.
The officer charged with the execution will direct the burial party in the disposal of the body as prescribed by the commanding officer.



SECTION IV
PROCEEDINGS AFTER EXECUTION

Paragraph
. ..
Dlspos~honof Remains........................... 18
Disposition of Effects............................ 19
Notification and Reports .......................... 20

18. Disposition of Remains
If the next of kin or other relatives of the deceased desire the body, the officer designated to execute the sentence will, if practicable, permit its delivery to them for burial. If no such claim is made, he will cause it to be buried in a post or civilian ceme- tery or at the place of death, whichever may be deemed proper and is authorized by pertinent regulations. (See AR 210-500 and 30-1820.)
19. Disposition of Effects
See Article of War 112 and sections V, VI and VII, AR600-550.
20. Notification and Reports
The officer designated to execute the sentence will notify The Adjutant General immediately follow- ing the execution, by fastest available method of communication, of the carrying out of the sentence of death, the time, place and any unusual circum- stances attendant thereon. He will likewise, in addition, comply with the requirements of section 11,AR 600-550. The quartermaster or other offi- cer in charge of burial will furnish report as provided in AR 30-1815.


SECTION V
DEPARTURES

if the exigencies of the situation require it, the offi-
Limited facities 21
cer designated to execute the sentence may make
21. Limited Facilities the necessary departures from the provisions herein If the facilities are not available for the carrying contained, except that he may not change the mode ' out of each of the provisions of this pamphlet or of execution.
SECTION VI



STRUCTURES

Paragraph Permanent Scaffold------------------------------ 22

j Semipermanent Scaffold.......................... 23 Emergency Structures............................ 24
22. Permanent Scaffold
A permanent type, demountable scaffold, with a metal trigger mechanism, will be erected when the need for such a structure is determined by the com- manding officer. (See fig. 1.) Where available, troops belonging to the Corps of Engineers will be employed in the constructing of the scaffold, but where not available, or where it is more practicable, other troops or civilians may be employed. Pre-liminary tests will be made to insure the strength of the. rope in the stability of the scaffold's con- struction. If facilities are limited, a trap door on the second floor of the building may be constructed to effect the execution, or a similar improvising employed.

23. Semipermanent Scaffold
A semipermanent scaffold which requires no special inetal fittings may be used in executions by hanging when deemed expedient by the commanding officer. (See fig. 2.)
24. Emergency Structures
When the exigencies of the field so dictate, emer- gency type gallows may be used. (See fig. 3.)
SECTION VII
EQUIPMENT

Paragraph
25

Collapse Board and Binding Strap-----------------26 Rope----------------------------------27
25, Hood
The hood will be of black sateen material, split at the open end so that it will come well down on the prisoner's chest and back. A draw string will be attached to secure the hood snugly around the neck.
26. Collapse Board and Binding Strap
a. A collapse board will be provided for use in case of the collapse of the prisoner. (See fig. 4.)

b. A strap will be provided for binding prisoner's arms to his side. (See fig. 5.) A plain strap will be provided for securing the prisoner's legs.
27. Ro~e The rope will be of manila hemp, 1% inches in diameter and approximately 20 feet in length. The rope will be stretched to eliminate any spring. After the hangman's knot is tied, the rope will be
treated with wax, soap, or grese to insure a smooth sliding action through the knot.
28. Post.
Design for post used in execution by musketry as mentioned in paragraph 14a, is shown in figure 6.
PLAN OVER BEAM


t
10'-0.
PLATFORM AND STAIR PLAN AT SECTION A-A SCALE l/,If=l'-Of'
FIGURE 1 CONT'D Pf x ~PCARRIAGEBOLTS 4% CARRIAGE BOLTS h"Qx8"GARRIAGE BOUS
OF SCAFFOLD
~ v x 8 " ~BOLTS ~ ~ ~ ~
x 12-CARRIAGE BOLTS

f" t S~CARRIAGE BOLTS

FRONT ELEVATION SCALE '/2"=1'-Of'

FIGURE 1 CONT'D

FIGURE 2


FIGURE 2 CONT'D

211x8 Spiked All Around Top Oi 6"x 6" To Form Plate or Ribbon

Framing For Floor vs 12~~ Plan of4"Platform = 12"-
END
2"x 6"
2I1x4 'I Flooring ---.
Plan of Underside Trap Door One Half f ;12". 2"x 6" C

FiGURE 2 CONT'D 3jA T aG Floor
LI

Section A -A
y=12"

Elevation of Trigger Post t*= 12~ Heavy Strap Hinge
I

4"x4 " 9'-6" Long Cot In Two Pieces At Centar.
Hinged . To Stand with I-Inch Bow At Center
2 -pcs 6"x 8"-22' Long Gallows Posts 4 6"x6"-12' Plotform Posts
2 a' 21°x10"-16' II Step Stringers 4 " 2"x 10"-10' ' Cross Bar -Beam
3 2"x8" -141 a Joist -Extend for stair landing
a&
1'

1 2"x$"-12' " Joist-Short
7 " 10' " Joists- Regular
2(ln811-
'I

$ " 2"x6"-X Braces 4 a# 211x6"-10' " Gallows Braces I a# 4"x4"-10' " Knee Braces Ccut to 5'-0"l 4 " 4"x4'1-4' Newels
I'

lI 211x4~-'I Stalr Roil
I " 2"x 41'-'I Stair Rolf
3 n 21*x411-10 " Stair Roll 8L Trap Door RailFpcs2"x8"-12' ~ong) If 2' thlck " 2Ux.8" -10 ' Long" 2"~8~-8'Long I pcs 2"x6'" 8' Long Trap Door Rolls
"

I ' 2"x63/4'8' 140 BM3/4" T8G PineFlooring
11

4 2"x1~"-141 q Cut Into 3"6" lenglhs. Step Tread I 4ux411-10' 18 Trlgger
FIGURE 3


FIGURES 4, 5 AND 6

I-,.
-40.c
0. 5. COVERHMENT PRINTING OFFICiz 19.4






Related Articles

Link To This Page

Comments

Find an MA Lawyer
Guide to Finding a Lawyer
Tips