dreamproit/uscode huggingface dataset:
10 U.S.C. § 948r (ARMED FORCES)
§ 948r. Exclusion of statements obtained by torture or cruel, inhuman, or degrading treatment; prohibition of self-incrimination; admission of other statements of the accused
(a) Exclusion of Statements Obtain by Torture or Cruel, Inhuman, or Degrading Treatment.—
No statement obtained by the use of torture or by cruel, inhuman, or degrading treatment (as defined by section 1003 of the Detainee Treatment Act of 2005 (42 U.S.C. 2000dd)), whether or not under color of law, shall be admissible in a military commission under this chapter, except against a person accused of torture or such treatment as evidence that the statement was made.
(b) Self-incrimination Prohibited.—
No person shall be required to testify against himself or herself at a proceeding of a military commission under this chapter.
(c) Other Statements of the Accused.—
A statement of the accused may be admitted in evidence in a military commission under this chapter only if the military judge finds—
(1) that the totality of the circumstances renders the statement reliable and possessing sufficient probative value; and
(2) that—
(A) the statement was made incident to lawful conduct during military operations at the point of capture or during closely related active combat engagement, and the interests of justice would best be served by admission of the statement into evidence; or
(B) the statement was voluntarily given.
(d) Determination of Voluntariness.—
In determining for purposes of subsection (c)(2)(B) whether a statement was voluntarily given, the military judge shall consider the totality of the circumstances, including, as appropriate, the following:
(1) The details of the taking of the statement, accounting for the circumstances of the conduct of military and intelligence operations during hostilities.
(2) The characteristics of the accused, such as military training, age, and education level.
(3) The lapse of time, change of place, or change in identity of the questioners between the statement sought to be admitted and any prior questioning of the accused.
(Added by Pub. L. 111–84, div. A, title XVIII, § 1802, Oct. 28, 2009, 123 Stat. 2580.)
heading: Prior Provisions
text: A prior section 948r, added Pub. L. 109–366, § 3(a)(1), Oct. 17, 2006, 120 Stat. 2607; amended Pub. L. 110–181, div. A, title X, § 1063(a)(4), Jan. 28, 2008, 122 Stat. 321, related to prohibition of compulsory self-incrimination and treatment of statements obtained by torture and other statements, prior to the general amendment of this chapter by Pub. L. 111–84.
10 U.S.C. § 948s (ARMED FORCES)
§ 948s. Service of charges
The trial counsel assigned to a case before a military commission under this chapter shall cause to be served upon the accused and military defense counsel a copy of the charges upon which trial is to be had in English and, if appropriate, in another language that the accused understands, sufficiently in advance of trial to prepare a defense.
(Added Pub. L. 111–84, div. A, title XVIII, § 1802, Oct. 28, 2009, 123 Stat. 2580.)
heading: Prior Provisions
text: A prior section 948s, added Pub. L. 109–366, § 3(a)(1), Oct. 17, 2006, 120 Stat. 2607, related to service of charges, prior to the general amendment of this chapter by Pub. L. 111–84.
10 U.S.C. § 949c (ARMED FORCES)
§ 949c. Duties of trial counsel and defense counsel
(a) Trial Counsel.—
The trial counsel of a military commission under this chapter shall prosecute in the name of the United States.
(b) Defense Counsel.—
(1) The accused shall be represented in the accused’s defense before a military commission under this chapter as provided in this subsection.
(2) The accused may be represented by military counsel detailed under section 948k of this title or by military counsel of the accused’s own selection, if reasonably available.
(3) The accused may be represented by civilian counsel if retained by the accused, provided that such civilian counsel—
(A) is a United States citizen;
(B) is admitted to the practice of law in a State, district, or possession of the United States, or before a Federal court;
(C) has not been the subject of any sanction of disciplinary action by any court, bar, or other competent governmental authority for relevant misconduct;
(D) has been determined to be eligible for access to information classified at the level Secret or higher; and
(E) has signed a written agreement to comply with all applicable regulations or instructions for counsel, including any rules of court for conduct during the proceedings.
(4) If the accused is represented by civilian counsel, military counsel shall act as associate counsel.
(5) The accused is not entitled to be represented by more than one military counsel. However, the person authorized under regulations prescribed under section 948k of this title to detail counsel, in such person’s sole discretion, may detail additional military counsel to represent the accused.
(6) Defense counsel may cross-examine each witness for the prosecution who testifies before a military commission under this chapter.
(7) Civilian defense counsel shall protect any classified information received during the course of representation of the accused in accordance with all applicable law governing the protection of classified information, and may not divulge such information to any person not authorized to receive it.
(Added Pub. L. 111–84, div. A, title XVIII, § 1802, Oct. 28, 2009, 123 Stat. 2585.)
heading: Prior Provisions
text: A prior section 949c, added Pub. L. 109–366, § 3(a)(1), Oct. 17, 2006, 120 Stat. 2610, related to duties of trial counsel and defense counsel, prior to the general amendment of this chapter by Pub. L. 111–84.
10 U.S.C. § 949d (ARMED FORCES)
§ 949d. Sessions
(a) Sessions Without Presence of Members.—
(1) At any time after the service of charges which have been referred for trial by military commission under this chapter, the military judge may call the military commission into session without the presence of the members for the purpose of—
(A) hearing and determining motions raising defenses or objections which are capable of determination without trial of the issues raised by a plea of not guilty;
(B) hearing and ruling upon any matter which may be ruled upon by the military judge under this chapter, whether or not the matter is appropriate for later consideration or decision by the members;
(C) if permitted by regulations prescribed by the Secretary of Defense, receiving the pleas of the accused; and
(D) performing any other procedural function which may be performed by the military judge under this chapter or under rules prescribed pursuant to section 949a of this title and which does not require the presence of the members.
(2) Except as provided in subsections (b), (c), and (d), any proceedings under paragraph (1) shall be conducted in the presence of the accused, defense counsel, and trial counsel, and shall be made part of the record.
(b) Deliberation or Vote of Members.—
When the members of a military commission under this chapter deliberate or vote, only the members may be present.
(c) Closure of Proceedings.—
(1) The military judge may close to the public all or part of the proceedings of a military commission under this chapter.
(2) The military judge may close to the public all or a portion of the proceedings under paragraph (1) only upon making a specific finding that such closure is necessary to—
(A) protect information the disclosure of which could reasonably be expected to cause damage to the national security, including intelligence or law enforcement sources, methods, or activities; or
(B) ensure the physical safety of individuals.
(3) A finding under paragraph (2) may be based upon a presentation, including a presentation ex parte or in camera, by either trial counsel or defense counsel.
(d) Exclusion of Accused From Certain Proceedings.—
The military judge may exclude the accused from any portion of a proceeding upon a determination that, after being warned by the military judge, the accused persists in conduct that justifies exclusion from the courtroom—
(1) to ensure the physical safety of individuals; or
(2) to prevent disruption of the proceedings by the accused.
(Added Pub. L. 111–84, div. A, title XVIII, § 1802, Oct. 28, 2009, 123 Stat. 2585.)
heading: Prior Provisions
text: A prior section 949d, added Pub. L. 109–366, § 3(a)(1), Oct. 17, 2006, 120 Stat. 2611, related to sessions of military commissions, prior to the general amendment of this chapter by Pub. L. 111–84.
10 U.S.C. § 949e (ARMED FORCES)
§ 949e. Continuances
The military judge in a military commission under this chapter may, for reasonable cause, grant a continuance to any party for such time, and as often, as may appear to be just.
(Added Pub. L. 111–84, div. A, title XVIII, § 1802, Oct. 28, 2009, 123 Stat. 2586.)
heading: Prior Provisions
text: A prior section 949e, added Pub. L. 109–366, § 3(a)(1), Oct. 17, 2006, 120 Stat. 2613, related to continuances, prior to the general amendment of this chapter by Pub. L. 111–84.
10 U.S.C. § 949f (ARMED FORCES)
§ 949f. Challenges
(a) Challenges Authorized.—
The military judge and members of a military commission under this chapter may be challenged by the accused or trial counsel for cause stated to the military commission. The military judge shall determine the relevance and validity of challenges for cause, and may not receive a challenge to more than one person at a time. Challenges by trial counsel shall ordinarily be presented and decided before those by the accused are offered.
(b) Peremptory Challenges.—
The accused and trial counsel are each entitled to one peremptory challenge, but the military judge may not be challenged except for cause.
(c) Challenges Against Additional Members.—
Whenever additional members are detailed to a military commission under this chapter, and after any challenges for cause against such additional members are presented and decided, the accused and trial counsel are each entitled to one peremptory challenge against members not previously subject to peremptory challenge.
(Added Pub. L. 111–84, div. A, title XVIII, § 1802, Oct. 28, 2009, 123 Stat. 2586.)
heading: Prior Provisions
text: A prior section 949f, added Pub. L. 109–366, § 3(a)(1), Oct. 17, 2006, 120 Stat. 2613, related to challenges, prior to the general amendment of this chapter by Pub. L. 111–84.
10 U.S.C. § 949g (ARMED FORCES)
§ 949g. Oaths
(a) In General.—
(1) Before performing their respective duties in a military commission under this chapter, military judges, members, trial counsel, defense counsel, reporters, and interpreters shall take an oath to perform their duties faithfully.
(2) The form of the oath required by paragraph (1), the time and place of the taking thereof, the manner of recording thereof, and whether the oath shall be taken for all cases in which duties are to be performed or for a particular case, shall be as provided in regulations prescribed by the Secretary of Defense. The regulations may provide that—
(A) an oath to perform faithfully duties as a military judge, trial counsel, or defense counsel may be taken at any time by any judge advocate or other person certified to be qualified or competent for the duty; and
(B) if such an oath is taken, such oath need not again be taken at the time the judge advocate or other person is detailed to that duty.
(b) Witnesses.—
Each witness before a military commission under this chapter shall be examined on oath.
(c) Oath Defined.—
In this section, the term “oath” includes an affirmation.
(Added Pub. L. 111–84, div. A, title XVIII, § 1802, Oct. 28, 2009, 123 Stat. 2587.)
heading: Prior Provisions
text: A prior section 949g, added Pub. L. 109–366, § 3(a)(1), Oct. 17, 2006, 120 Stat. 2613, related to oaths, prior to the general amendment of this chapter by Pub. L. 111–84.
10 U.S.C. § 949h (ARMED FORCES)
§ 949h. Former jeopardy
(a) In General.—
No person may, without the person’s consent, be tried by a military commission under this chapter a second time for the same offense.
(b) Scope of Trial.—
No proceeding in which the accused has been found guilty by military commission under this chapter upon any charge or specification is a trial in the sense of this section until the finding of guilty has become final after review of the case has been fully completed.
(Added Pub. L. 111–84, div. A, title XVIII, § 1802, Oct. 28, 2009, 123 Stat. 2587.)
heading: Prior Provisions
text: A prior section 949h, added Pub. L. 109–366, § 3(a)(1), Oct. 17, 2006, 120 Stat. 2614, related to former jeopardy, prior to the general amendment of this chapter by Pub. L. 111–84.
10 U.S.C. § 949i (ARMED FORCES)
§ 949i. Pleas of the accused
(a) Plea of Not Guilty.—
If an accused in a military commission under this chapter after a plea of guilty sets up matter inconsistent with the plea, or if it appears that the accused has entered the plea of guilty through lack of understanding of its meaning and effect, or if the accused fails or refuses to plead, a plea of not guilty shall be entered in the record, and the military commission shall proceed as though the accused had pleaded not guilty.
(b) Finding of Guilt After Guilty Plea.—
With respect to any charge or specification to which a plea of guilty has been made by the accused in a military commission under this chapter and accepted by the military judge, including a charge or specification that has been referred capital,,1 a finding of guilty of the charge or specification may be entered by the military judge immediately without a vote by the members. The finding shall constitute the finding of the military commission unless the plea of guilty is withdrawn prior to announcement of the sentence, in which event the proceedings shall continue as though the accused had pleaded not guilty.
(c) Pre-Trial Agreements.—
(1) A plea of guilty made by the accused that is accepted by a military judge under subsection (b) and not withdrawn prior to announcement of the sentence may form the basis for an agreement reducing the maximum sentence approved by the convening authority, including the reduction of a sentence of death to a lesser punishment, or that the case will be referred to a military commission under this chapter without seeking the penalty of death. Such an agreement may provide for terms and conditions in addition to a guilty plea by the accused in order to be effective.
(2) A plea agreement under this subsection may not provide for a sentence of death imposed by a military judge alone. A sentence of death may only be imposed by the unanimous vote of all members of a military commission concurring in the sentence of death as provided in section 949m(b)(2)(D) of this title.
(Added Pub. L. 111–84, div. A, title XVIII, § 1802, Oct. 28, 2009, 123 Stat. 2587; amended Pub. L. 112–81, div. A, title X, § 1030(b), Dec. 31, 2011, 125 Stat. 1570.)
heading: Prior Provisions
text: A prior section 949i, added Pub. L. 109–366, § 3(a)(1), Oct. 17, 2006, 120 Stat. 2614, related to pleas of the accused, prior to the general amendment of this chapter by Pub. L. 111–84.
heading: Amendments
text: 2011—Subsec. (b). Pub. L. 112–81, § 1030(b)(1), in the first sentence, inserted “, including a charge or specification that has been referred capital,” after “military judge”, “by the military judge” after “may be entered”, and “by the members” after “vote”.
Subsec. (c). Pub. L. 112–81, § 1030(b)(2), added subsec. (c).
10 U.S.C. § 949j (ARMED FORCES)
§ 949j. Opportunity to obtain witnesses and other evidence
(a) In General.—
(1) Defense counsel in a military commission under this chapter shall have a reasonable opportunity to obtain witnesses and other evidence as provided in regulations prescribed by the Secretary of Defense. The opportunity to obtain witnesses and evidence shall be comparable to the opportunity available to a criminal defendant in a court of the United States under article III of the Constitution.
(2) Process issued in military commissions under this chapter to compel witnesses to appear and testify and to compel the production of other evidence—
(A) shall be similar to that which courts of the United States having criminal jurisdiction may lawfully issue; and
(B) shall run to any place where the United States shall have jurisdiction thereof.
(b) Disclosure of Exculpatory Evidence.—
(1) As soon as practicable, trial counsel in a military commission under this chapter shall disclose to the defense the existence of any evidence that reasonably tends to—
(A) negate the guilt of the accused of an offense charged; or
(B) reduce the degree of guilt of the accused with respect to an offense charged.
(2) The trial counsel shall, as soon as practicable, disclose to the defense the existence of evidence that reasonably tends to impeach the credibility of a witness whom the government intends to call at trial.
(3) The trial counsel shall, as soon as practicable upon a finding of guilt, disclose to the defense the existence of evidence that is not subject to paragraph (1) or paragraph (2) but that reasonably may be viewed as mitigation evidence at sentencing.
(4) The disclosure obligations under this subsection encompass evidence that is known or reasonably should be known to any government officials who participated in the investigation and prosecution of the case against the defendant.
(Added Pub. L. 111–84, div. A, title XVIII, § 1802, Oct. 28, 2009, 123 Stat. 2587.)
heading: Prior Provisions
text: A prior section 949j, added Pub. L. 109–366, § 3(a)(1), Oct. 17, 2006, 120 Stat. 2614, related to the opportunity to obtain witnesses and other evidence, prior to the general amendment of this chapter by Pub. L. 111–84.
10 U.S.C. § 949k (ARMED FORCES)
§ 949k. Defense of lack of mental responsibility
(a) Affirmative Defense.—
It is an affirmative defense in a trial by military commission under this chapter that, at the time of the commission of the acts constituting the offense, the accused, as a result of a severe mental disease or defect, was unable to appreciate the nature and quality or the wrongfulness of the acts. Mental disease or defect does not otherwise constitute a defense.
(b) Burden of Proof.—
The accused in a military commission under this chapter has the burden of proving the defense of lack of mental responsibility by clear and convincing evidence.
(c) Findings Following Assertion of Defense.—
Whenever lack of mental responsibility of the accused with respect to an offense is properly at issue in a military commission under this chapter, the military judge shall instruct the members as to the defense of lack of mental responsibility under this section and shall charge the members to find the accused—
(1) guilty;
(2) not guilty; or
(3) subject to subsection (d), not guilty by reason of lack of mental responsibility.
(d) Majority Vote Required for Finding.—
The accused shall be found not guilty by reason of lack of mental responsibility under subsection (c)(3) only if a majority of the members present at the time the vote is taken determines that the defense of lack of mental responsibility has been established.
(Added Pub. L. 111–84, div. A, title XVIII, § 1802, Oct. 28, 2009, 123 Stat. 2588.)
heading: Prior Provisions
text: A prior section 949k, added Pub. L. 109–366, § 3(a)(1), Oct. 17, 2006, 120 Stat. 2615, related to the defense of lack of mental responsibility, prior to the general amendment of this chapter by Pub. L. 111–84.
10 U.S.C. § 949l (ARMED FORCES)
§ 949l. Voting and rulings
(a) Vote by Secret Written Ballot.—
Voting by members of a military commission under this chapter on the findings and on the sentence shall be by secret written ballot.
(b) Rulings.—
(1) The military judge in a military commission under this chapter shall rule upon all questions of law, including the admissibility of evidence and all interlocutory questions arising during the proceedings.
(2) Any ruling made by the military judge upon a question of law or an interlocutory question (other than the factual issue of mental responsibility of the accused) is conclusive and constitutes the ruling of the military commission. However, a military judge may change such a ruling at any time during the trial.
(c) Instructions Prior to Vote.—
Before a vote is taken of the findings of a military commission under this chapter, the military judge shall, in the presence of the accused and counsel, instruct the members as to the elements of the offense and charge the members—
(1) that the accused must be presumed to be innocent until the accused’s guilt is established by legal and competent evidence beyond a reasonable doubt;
(2) that in the case being considered, if there is a reasonable doubt as to the guilt of the accused, the doubt must be resolved in favor of the accused and the accused must be acquitted;
(3) that, if there is reasonable doubt as to the degree of guilt, the finding must be in a lower degree as to which there is no reasonable doubt; and
(4) that the burden of proof to establish the guilt of the accused beyond a reasonable doubt is upon the United States.
(Added Pub. L. 111–84, div. A, title XVIII, § 1802, Oct. 28, 2009, 123 Stat. 2589.)
heading: Prior Provisions
text: A prior section 949l, added Pub. L. 109–366, § 3(a)(1), Oct. 17, 2006, 120 Stat. 2615, related to voting and rulings, prior to the general amendment of this chapter by Pub. L. 111–84.