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10 U.S.C. § 823 (ARMED FORCES)
§ 823. Art. 23. Who may convene special courts-martial
(a) Special courts-martial may be convened by—
(1) any person who may convene a general court-martial;
(2) the commanding officer of a district, garrison, fort, camp, station, Air Force base, auxiliary air field, or other place where members of the Army or the Air Force are on duty;
(3) the commanding officer of a brigade, regiment, detached battalion, or corresponding unit of the Army;
(4) the commanding officer of a wing, group, or separate squadron of the Air Force;
(5) the commanding officer of any naval or Coast Guard vessel, shipyard, base, or station; the commanding officer of any Marine brigade, regiment, detached battalion, or corresponding unit; the commanding officer of any Marine barracks, wing, group, separate squadron, station, base, auxiliary air field, or other place where members of the Marine Corps are on duty;
(6) the commanding officer of any separate or detached command or group of detached units of any of the armed forces placed under a single commander for this purpose; or
(7) the commanding officer or officer in charge of any other command when empowered by the Secretary concerned.
(b) If any such officer is an accuser, the court shall be convened by superior competent authority, and may in any case be convened by such authority if considered advisable by him.
(Aug. 10, 1956, ch. 1041, 70A Stat. 44.)
text: Historical and Revision Notes
Revised section
Source (U.S. Code)
Source (Statutes at Large)
823(a)
823(b)
50:587(a).
50:587(b).
May 5, 1950, ch. 169, § 1 (Art. 23), 64 Stat. 115.
In subsection (a)(7), the words “Secretary concerned” are substituted for the words “Secretary of a Department”.
In subsection (b), the word “If” is substituted for the word “When”. The words “if considered” are substituted for the words “when deemed”.
heading: Transfer of Functions
text: For transfer of authorities, functions, personnel, and assets of the Coast Guard, including the authorities and functions of the Secretary of Transportation relating thereto, to the Department of Homeland Security, and for treatment of related references, see sections 468(b), 551(d), 552(d), and 557 of Title 6, Domestic Security, and the Department of Homeland Security Reorganization Plan of November 25, 2002, as modified, set out as a note under section 542 of Title 6.
10 U.S.C. § 824 (ARMED FORCES)
§ 824. Art. 24. Who may convene summary courts-martial
(a) Summary courts-martial may be convened by—
(1) any person who may convene a general or special court-martial;
(2) the commanding officer of a detached company, or other detachment of the Army;
(3) the commanding officer of a detached squadron or other detachment of the Air Force; or
(4) the commanding officer or officer in charge of any other command when empowered by the Secretary concerned.
(b) When only one commissioned officer is present with a command or detachment he shall be the summary court-martial of that command or detachment and shall hear and determine all summary court-martial cases brought before him. Summary courts-martial may, however, be convened in any case by superior competent authority when considered desirable by him.
(Aug. 10, 1956, ch. 1041, 70A Stat. 45.)
text: Historical and Revision Notes
Revised section
Source (U.S. Code)
Source (Statutes at Large)
824(a)
824(b)
50:588(a).
50:588(b).
May 5, 1950, ch. 169, § 1 (Art. 24), 64 Stat. 116.
In subsection (a)(4), the words “Secretary concerned” are substituted for the words “Secretary of a Department”.
In subsection (b), the words “only one commissioned” are substituted for the words “but one” for clarity. The word “considered” is substituted for the word “deemed”.
10 U.S.C. § 825a (ARMED FORCES)
§ 825a. Art. 25a. Number of members in capital cases
In a case in which the accused may be sentenced to a penalty of death, the number of members shall be not less than 12, unless 12 members are not reasonably available because of physical conditions or military exigencies, in which case the convening authority shall specify a lesser number of members not less than five, and the court may be assembled and the trial held with not less than the number of members so specified. In such a case, the convening authority shall make a detailed written statement, to be appended to the record, stating why a greater number of members were not reasonably available.
(Added Pub. L. 107–107, div. A, title V, § 582(b)(1), Dec. 28, 2001, 115 Stat. 1124.)
heading: Effective Date
text: Section applicable with respect to offenses committed after Dec. 31, 2002, see section 582(d) of Pub. L. 107–107, set out as an Effective Date of 2001 Amendment note under section 816 of this title.
10 U.S.C. § 828 (ARMED FORCES)
§ 828. Art. 28. Detail or employment of reporters and interpreters
Under such regulations as the Secretary concerned may prescribe, the convening authority of a court-martial, military commission, or court of inquiry shall detail or employ qualified court reporters, who shall record the proceedings of and testimony taken before that court or commission. Under like regulations the convening authority of a court-martial, military commission, or court of inquiry may detail or employ interpreters who shall interpret for the court or commission. This section does not apply to a military commission established under chapter 47A of this title.
(Aug. 10, 1956, ch. 1041, 70A Stat. 47; Pub. L. 109–366, § 4(a)(2), Oct. 17, 2006, 120 Stat. 2631.)
text: Historical and Revision Notes
Revised section
Source (U.S. Code)
Source (Statutes at Large)
828
50:592.
May 5, 1950, ch. 169, § 1 (Art. 28), 64 Stat. 117.
The words “Secretary concerned” are substituted for the words “Secretary of the Department”. The words, “detail or employ” are substituted for the word “appoint”, since the filling of the position involved is not appointment to an office in the constitutional sense.
heading: Amendments
text: 2006—Pub. L. 109–366 inserted last sentence.
10 U.S.C. § 830 (ARMED FORCES)
§ 830. Art. 30. Charges and specifications
(a) Charges and specifications shall be signed by a person subject to this chapter under oath before a commissioned officer of the armed forces authorized to administer oaths and shall state—
(1) that the signer has personal knowledge of or has investigated, the matters set forth therein; and
(2) that they are true in fact to the best of his knowledge and belief.
(b) Upon the preferring of charges, the proper authority shall take immediate steps to determine what disposition should be made thereof in the interest of justice and discipline, and the person accused shall be informed of the charges against him as soon as practicable.
(Aug. 10, 1956, ch. 1041, 70A Stat. 47.)
text: Historical and Revision Notes
Revised section
Source (U.S. Code)
Source (Statutes at Large)
830(a)
830(b)
50:601(a).
50:601(b).
May 5, 1950, ch. 169, § 1 (Art. 30), 64 Stat. 118.
In subsection (a), the word “they” is substituted for the words “the same”. The word “commissioned” is inserted for clarity.
10 U.S.C. § 831 (ARMED FORCES)
§ 831. Art. 31. Compulsory self-incrimination prohibited
(a) No person subject to this chapter may compel any person to incriminate himself or to answer any question the answer to which may tend to incriminate him.
(b) No person subject to this chapter may interrogate, or request any statement from, an accused or a person suspected of an offense without first informing him of the nature of the accusation and advising him that he does not have to make any statement regarding the offense of which he is accused or suspected and that any statement made by him may be used as evidence against him in a trial by court-martial.
(c) No person subject to this chapter may compel any person to make a statement or produce evidence before any military tribunal if the statement or evidence is not material to the issue and may tend to degrade him.
(d) No statement obtained from any person in violation of this article, or through the use of coercion, unlawful influence, or unlawful inducement may be received in evidence against him in a trial by court-martial.
(Aug. 10, 1956, ch. 1041, 70A Stat. 48.)
text: Historical and Revision Notes
Revised section
Source (U.S. Code)
Source (Statutes at Large)
831(a)
831(b)
50:602(a).
50:602(b).
May 5, 1950, ch. 169, § 1 (Art 31), 64 Stat. 118.
831(c)
50:602(c).
831(d)
50:602(d).
The word “may” is substituted for the word “shall” throughout the revised section.
10 U.S.C. § 833 (ARMED FORCES)
§ 833. Art. 33. Forwarding of charges
When a person is held for trial by general court-martial the commanding officer shall, within eight days after the accused is ordered into arrest or confinement, if practicable, forward the charges, together with the investigation and allied papers, to the officer exercising general court-martial jurisdiction. If that is not practicable, he shall report in writing to that officer the reasons for delay.
(Aug. 10, 1956, ch. 1041, 70A Stat. 49.)
text: Historical and Revision Notes
Revised section
Source (U.S. Code)
Source (Statutes at Large)
833
50:604.
May 5, 1950, ch. 169, § 1 (Art. 33), 64 Stat. 119.
10 U.S.C. § 835 (ARMED FORCES)
§ 835. Art. 35. Service of charges
The trial counsel to whom court-martial charges are referred for trial shall cause to be served upon the accused a copy of the charges upon which trial is to be had. In time of peace no person may, against his objection, be brought to trial, or be required to participate by himself or counsel in a session called by the military judge under section 839(a) of this title (article 39(a)), in a general court-martial case within a period of five days after the service of charges upon him, or in a special court-martial case within a period of three days after the service of charges upon him.
(Aug. 10, 1956, ch. 1041, 70A Stat. 49; Pub. L. 90–632, § 2(12), Oct. 24, 1968, 82 Stat. 1337.)
text: Historical and Revision Notes
Revised section
Source (U.S. Code)
Source (Statutes at Large)
835
50:606.
May 5, 1950, ch. 169, § 1 (Art. 35), 64 Stat. 119.
The word “may” is substituted for the word “shall”. The word “after” is substituted for the words “subsequent to”.
heading: Amendments
text: 1968—Pub. L. 90–632 inserted reference to a session called by the military judge under section 839(a) of this title (article 39(a)).
heading: Effective Date of 1968 Amendment
text: Amendment by Pub. L. 90–632 effective first day of tenth month following October 1968, see section 4 of Pub. L. 90–632, set out as a note under section 801 of this title.
10 U.S.C. § 836 (ARMED FORCES)
§ 836. Art. 36. President may prescribe rules
(a) Pretrial, trial, and post-trial procedures, including modes of proof, for cases arising under this chapter triable in courts-martial, military commissions and other military tribunals, and procedures for courts of inquiry, may be prescribed by the President by regulations which shall, so far as he considers practicable, apply the principles of law and the rules of evidence generally recognized in the trial of criminal cases in the United States district courts, but which may not, except as provided in chapter 47A of this title, be contrary to or inconsistent with this chapter.
(b) All rules and regulations made under this article shall be uniform insofar as practicable, except insofar as applicable to military commissions established under chapter 47A of this title.
(Aug. 10, 1956, ch. 1041, 70A Stat. 50; Pub. L. 96–107, title VIII, § 801(b), Nov. 9, 1979, 93 Stat. 811; Pub. L. 101–510, div. A, title XIII, § 1301(4), Nov. 5, 1990, 104 Stat. 1668; Pub. L. 109–366, § 4(a)(3), Oct. 17, 2006, 120 Stat. 2631.)
text: Historical and Revision Notes
Revised section
Source (U.S. Code)
Source (Statutes at Large)
836(a)
836(b)
50:611(a).
50:611(b).
May 5, 1950, ch. 169, § 1 (Art. 36), 64 Stat. 120.
In subsection (a), the word “considers” is substituted for the word “deems”. The word “may” is substituted for the word “shall”.
In subsection (b), the word “under” is substituted for the words “in pursuance of”.
heading: Amendments
text: 2006—Subsec. (a). Pub. L. 109–366, § 4(a)(3)(A), inserted “, except as provided in chapter 47A of this title,” after “but which may not”.
Subsec. (b). Pub. L. 109–366, § 4(a)(3)(B), inserted before period at end “, except insofar as applicable to military commissions established under chapter 47A of this title”.
1990—Subsec. (b). Pub. L. 101–510 struck out “and shall be reported to Congress” after “as practicable”.
1979—Subsec. (a). Pub. L. 96–107 substituted provisions authorizing pretrial, trial, and post-trial procedures for cases under this chapter triable in courts-martial, military commissions and other military tribunals, for provisions authorizing procedure in cases before courts-martial, military commissions, and other military tribunals.
10 U.S.C. § 837 (ARMED FORCES)
§ 837. Art. 37. Unlawfully influencing action of court
(a) No authority convening a general, special, or summary court-martial, nor any other commanding officer, may censure, reprimand, or admonish the court or any member, military judge, or counsel thereof, with respect to the findings or sentence adjudged by the court, or with respect to any other exercise of its or his functions in the conduct of the proceeding. No person subject to this chapter may attempt to coerce or, by any unauthorized means, influence the action of a court-martial or any other military tribunal or any member thereof, in reaching the findings or sentence in any case, or the action of any convening, approving, or reviewing authority with respect to his judicial acts. The foregoing provisions of the subsection shall not apply with respect to (1) general instructional or informational courses in military justice if such courses are designed solely for the purpose of instructing members of a command in the substantive and procedural aspects of courts-martial, or (2) to statements and instructions given in open court by the military judge, president of a special court-martial, or counsel.
(b) In the preparation of an effectiveness, fitness, or efficiency report, or any other report or document used in whole or in part for the purpose of determining whether a member of the armed forces is qualified to be advanced, in grade, or in determining the assignment or transfer of a member of the armed forces or in determining whether a member of the armed forces should be retained on active duty, no person subject to this chapter may, in preparing any such report (1) consider or evaluate the performance of duty of any such member as a member of a court-martial, or (2) give a less favorable rating or evaluation of any member of the armed forces because of the zeal with which such member, as counsel, represented any accused before a court-martial.
(Aug. 10, 1956, ch. 1041, 70A Stat. 50; Pub. L. 90–632, § 2(13), Oct. 24, 1968, 82 Stat. 1338.)
text: Historical and Revision Notes
Revised section
Source (U.S. Code)
Source (Statutes at Large)
837
50:612.
May 5, 1950, ch. 169, § 1 (Art. 37), 64 Stat. 120.
The word “may” is substituted for the word “shall”.
heading: Amendments
text: 1968—Pub. L. 90–632 designated existing provisions as subsec. (a), substituted “military judge” for “law officer”, inserted provisions specifically exempting instructional or general informational lectures on military justice and statements and instructions given in open court by the military judge, president of a special court-martial, or counsel from prohibitions of subsec. (a), and added subsec. (b).
heading: Effective Date of 1968 Amendment
text: Amendment by Pub. L. 90–632 effective first day of tenth month following October 1968, see section 4 of Pub. L. 90–632, set out as a note under section 801 of this title.
10 U.S.C. § 840 (ARMED FORCES)
§ 840. Art. 40. Continuances
The military judge or a court-martial without a military judge may, for reasonable cause, grant a continuance to any party for such time, and as often, as may appear to be just.
(Aug. 10, 1956, ch. 1041, 70A Stat. 51; Pub. L. 90–632, § 2(16), Oct. 24, 1968, 82 Stat. 1339.)
text: Historical and Revision Notes
Revised section
Source (U.S. Code)
Source (Statutes at Large)
840
50:615.
May 5, 1950, ch. 169, § 1 (Art. 40), 64 Stat. 121.
heading: Amendments
text: 1968—Pub. L. 90–632 inserted reference to military judge.
heading: Effective Date of 1968 Amendment
text: Amendment by Pub. L. 90–632 effective first day of tenth month following October 1968, see section 4 of Pub. L. 90–632, set out as a note under section 801 of this title.
10 U.S.C. § 842 (ARMED FORCES)
§ 842. Art. 42. Oaths
(a) Before performing their respective duties, military judges, members of general and special courts-martial, trial counsel, assistant trial counsel, defense counsel, assistant or associate defense counsel, reporters, and interpreters shall take an oath to perform their duties faithfully. The form of the oath, the time and place of the taking thereof, the manner of recording the same, and whether the oath shall be taken for all cases in which these duties are to be performed or for a particular case, shall be as prescribed in regulations of the Secretary concerned. These regulations may provide that an oath to perform faithfully duties as a military judge, trial counsel, assistant trial counsel, defense counsel, or assistant or associate 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 if such an oath is taken it need not again be taken at the time the judge advocate or other person is detailed to that duty.
(b) Each witness before a court-martial shall be examined on oath.
(Aug. 10, 1956, ch. 1041, 70A Stat. 51; Pub. L. 90–632, § 2(18), Oct. 24, 1968, 82 Stat. 1339; Pub. L. 98–209, §§ 2(e), 3(f), Dec. 6, 1983, 97 Stat. 1393, 1395.)
text: Historical and Revision Notes
Revised section
Source (U.S. Code)
Source (Statutes at Large)
842(a)
842(b)
50:617(a).
50:617(b).
May 5, 1950, ch. 169, § 1 (Art. 42), 64 Stat. 121.
In subsection (a), the word “all” and the word “the” before the words “members”, “trial”, “defense”, and “reporter” are omitted as surplusage.
In subsections (a) and (b), the words “or affirmation” are omitted as covered by the definition of the word “oath” in section 1 of Title 1.
In subsection (b), the words “Each witness” are substituted for the words “All witnesses”.
heading: Amendments
text: 1983—Subsec. (a). Pub. L. 98–209 struck out “, law specialist,” after “judge advocate” in two places, substituted “assistant or associate defense counsel” for “assistant defense counsel”.
1968—Subsec. (a). Pub. L. 90–632 struck out requirement that the oath given to court-martial personnel be taken in the presence of the accused and provided that the form of the oath, the time and place of its taking, the manner of recording thereof, and whether the oath shall be taken for all cases or for a particular case shall be as prescribed by regulations of the Secretary concerned and contemplated secretarial regulations allowing the administration of an oath to certified legal personnel on a one-time basis.
heading: Effective Date of 1983 Amendment
text: Amendment by Pub. L. 98–209 effective first day of eighth calendar month beginning after Dec. 6, 1983, see section 12(a)(1) of Pub. L. 98–209, set out as a note under section 801 of this title.
heading: Effective Date of 1968 Amendment
text: Amendment by Pub. L. 90–632 effective first day of tenth month following October 1968, see section 4 of Pub. L. 90–632, set out as a note under section 801 of this title.
10 U.S.C. § 844 (ARMED FORCES)
§ 844. Art. 44. Former jeopardy
(a) No person may, without his consent, be tried a second time for the same offense.
(b) No proceeding in which an accused has been found guilty by a court-martial upon any charge or specification is a trial in the sense of this article until the finding of guilty has become final after review of the case has been fully completed.
(c) A proceeding which, after the introduction of evidence but before a finding, is dismissed or terminated by the convening authority or on motion of the prosecution for failure of available evidence or witnesses without any fault of the accused is a trial in the sense of this article.
(Aug. 10, 1956, ch. 1041, 70A Stat. 52.)
text: Historical and Revision Notes
Revised section
Source (U.S. Code)
Source (Statutes at Large)
844(a)
844(b)
844(c)
50:619(a).
50:619(b).
50:619(c).
May 5, 1950, ch. 169, § 1 (Art. 44), 64 Stat. 122.
In subsection (a), the word “may” is substituted for the word “shall”.
In subsection (b), the word “is” is substituted for the words “shall be held to be”.
In subsection (c), the word “after” is substituted for the words “subsequent to”. The word “before” is substituted for the words “prior to”. The word “is” is substituted for the words “shall be”.
10 U.S.C. § 845 (ARMED FORCES)
§ 845. Art. 45. Pleas of the accused
(a) If an accused after arraignment makes an irregular pleading, or after a plea of guilty sets up matter inconsistent with the plea, or if it appears that he has entered the plea of guilty improvidently or through lack of understanding of its meaning and effect, or if he fails or refuses to plead, a plea of not guilty shall be entered in the record, and the court shall proceed as though he had pleaded not guilty.
(b) A plea of guilty by the accused may not be received to any charge or specification alleging an offense for which the death penalty may be adjudged. With respect to any other charge or specification to which a plea of guilty has been made by the accused and accepted by the military judge or by a court-martial without a military judge, a finding of guilty of the charge or specification may, if permitted by regulations of the Secretary concerned, be entered immediately without vote. This finding shall constitute the finding of the court 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.
(Aug. 10, 1956, ch. 1041, 70A Stat. 52; Pub. L. 90–632, § 2(19), Oct. 24, 1968, 82 Stat. 1339.)
text: Historical and Revision Notes
Revised section
Source (U.S. Code)
Source (Statutes at Large)
845(a)
845(b)
50:620(a).
50:620(b).
May 5, 1950, ch. 169, § 1 (Art. 45), 64 Stat. 122.
In subsection (b), the word “may” is substituted for the word “shall”.
heading: Amendments
text: 1968—Subsec. (a). Pub. L. 90–632, § 2(19)(A), substituted “after arraignment” for “arraigned before a court-martial”.
Subsec. (b). Pub. L. 90–632, § 2(19)(B), inserted provisions covering the making and accepting of a guilty plea to charges or specifications other than charges and specifications alleging an offense for which the death penalty may be adjudged.
heading: Effective Date of 1968 Amendment
text: Amendment by Pub. L. 90–632 effective first day of tenth month following October 1968, see section 4 of Pub. L. 90–632, set out as a note under section 801 of this title.
10 U.S.C. § 846 (ARMED FORCES)
§ 846. Art. 46. Opportunity to obtain witnesses and other evidence
The trial counsel, the defense counsel, and the court-martial shall have equal opportunity to obtain witnesses and other evidence in accordance with such regulations as the President may prescribe. Process issued in court-martial cases to compel witnesses to appear and testify and to compel the production of other evidence shall be similar to that which courts of the United States having criminal jurisdiction may lawfully issue and shall run to any part of the United States, or the Commonwealths and possessions.
(Aug. 10, 1956, ch. 1041, 70A Stat. 53; Pub. L. 109–163, div. A, title X, § 1057(a)(6), Jan. 6, 2006, 119 Stat. 3441.)
text: Historical and Revision Notes
Revised section
Source (U.S. Code)
Source (Statutes at Large)
846
50:621.
May 5, 1950, ch. 169, § 1 (Art. 46), 64 Stat. 122.
The word “Commonwealths” is inserted to reflect the present status of Puerto Rico.
heading: Amendments
text: 2006—Pub. L. 109–163 substituted “Commonwealths and possessions” for “Territories, Commonwealths, and possessions”.