reglab/housing_qa huggingface dataset:
MA Gen L ch 33a § 57a (2021)
2021 Massachusetts General Laws|Part I - Administration of the Government|Title V - Militia|Chapter 33a - Massachusetts Code of Military Justice|Section 57a - Deferment of Sentences

Article 57A. Deferment of sentences.  (a) On application by an accused who is under sentence to confinement that has not been ordered executed, the convening authority or, if the accused is no longer under that person's jurisdiction, the person exercising general court-martial jurisdiction over the command to which the accused is currently assigned, may in that person's sole discretion defer service of the sentence to confinement. The deferment shall terminate when the sentence is ordered executed. The deferment may be rescinded at any time by the person who granted it or, if the accused is no longer under that person's jurisdiction, by the person exercising general court-martial jurisdiction over the command to which the accused is currently assigned.  (b)(1) In any case in which a court-martial sentences an accused referred to in paragraph (2) to confinement, the convening authority may defer the service of the sentence to confinement, without the consent of the accused, until after the accused has been permanently released to the state military forces by a state, the United States or a foreign country referred to in that paragraph.  (2) Paragraph (1) shall apply to a person subject to this code who:  (A) while in the custody of a state, the United States or a foreign country is temporarily returned by that state, the United States or a foreign country to the state military forces for trial by court-martial; and  (B) after the court-martial, is returned to that state, the United States or a foreign country under the authority of a mutual agreement or treaty.  (c) In any case in which a court-martial sentences an accused to confinement and the sentence to confinement has been ordered executed, but in which review of the case under subsection (a) of article 67 is pending, the adjutant general may defer further service of the sentence to confinement while that review is pending.
MA Gen L ch 33a § 58 (2021)
2021 Massachusetts General Laws|Part I - Administration of the Government|Title V - Militia|Chapter 33a - Massachusetts Code of Military Justice|Section 58 - Execution of Confinement

Article 58. Execution of confinement.  (a) A sentence of confinement adjudged by a court-martial, whether or not the sentence includes discharge or dismissal, and whether or not the discharge or dismissal has been executed, may be carried into execution by confinement in any place authorized by this code. Persons so confined are subject to the same discipline and treatment as persons regularly confined or committed to that place of confinement.  (b) No place of confinement may require payment of any fee or charge for so receiving or confining a person except as otherwise provided by law.
MA Gen L ch 33a § 58a (2021)
2021 Massachusetts General Laws|Part I - Administration of the Government|Title V - Militia|Chapter 33a - Massachusetts Code of Military Justice|Section 58a - Sentences: Reduction in Enlisted Grade Upon Approval

Article 58A. Sentences: reduction in enlisted grade upon approval.  (a) A court-martial sentence of an enlisted member in a pay grade above E–1, as approved by the convening authority, that includes a dishonorable or bad-conduct discharge or confinement shall reduce that member to pay grade E–1, effective on the date of that approval.  (b) If the sentence of a member who is reduced in pay grade under subsection (a) is set aside or disapproved or, as finally approved, does not include any punishment named in subsection (a), the rights and privileges of which the person was deprived because of that reduction shall be restored, including pay and allowances.
MA Gen L ch 33a § 58b (2021)
2021 Massachusetts General Laws|Part I - Administration of the Government|Title V - Militia|Chapter 33a - Massachusetts Code of Military Justice|Section 58b - Sentences: Forfeiture of Pay and Allowances During Confinement

Article 58B. Sentences: forfeiture of pay and allowances during confinement.  (a)(1) A court-martial sentence described in paragraph (2) shall result in the forfeiture of pay, or of pay and allowances, due that member during any period of confinement or parole. The forfeiture pursuant to this article shall take effect on the date determined under subsection (a) of article 57 and may be deferred as provided by that article. The pay and allowances forfeited, in the case of a general court-martial, shall be all pay and allowances due that member during such period and, in the case of a special court-martial, shall be 2/3 of all pay due that member during such period.  (2) A sentence shall be covered by this article if it includes: (A) confinement for more than 6 months; or (B) confinement for not more than 6 months and a dishonorable or bad-conduct discharge or dismissal.  (b) In a case involving an accused who has dependents, the convening authority or other person acting under article 60 may waive any or all of the forfeitures of pay and allowances required by subsection (a) for a period not to exceed 6 months. Any amount of pay or allowances that, except for a waiver under this subsection, would be forfeited shall be paid, as the convening authority or other person taking action directs, to the dependents of the accused.  (c) If the sentence of a member who forfeits pay and allowances under subsection (a) is set aside or disapproved or, as finally approved, does not provide for a punishment referred to in paragraph (2) of subsection (a), the member shall be paid the pay and allowances that the member would have been paid, except for the forfeiture, for the period during which the forfeiture was in effect.
MA Gen L ch 33a § 59 (2021)
2021 Massachusetts General Laws|Part I - Administration of the Government|Title V - Militia|Chapter 33a - Massachusetts Code of Military Justice|Section 59 - Error of Law; Lesser Included Offense

Article 59. Error of law; lesser included offense.  (a) A finding or sentence of a court-martial may not be held incorrect on the ground of an error of law unless the error materially prejudices the substantive rights of the accused.  (b) Any reviewing authority with the power to approve or affirm a finding of guilty may approve or affirm, instead, so much of the finding as includes a lesser included offense.
MA Gen L ch 33a § 61 (2021)
2021 Massachusetts General Laws|Part I - Administration of the Government|Title V - Militia|Chapter 33a - Massachusetts Code of Military Justice|Section 61 - Withdrawal of Appeal

Article 61. Withdrawal of appeal.  (a) In each case subject to appellate review under this code, the accused may file with the convening authority a statement expressly withdrawing the right of the accused to such appeal. Such a withdrawal shall be signed by both the accused and the defense counsel of the accused and must be filed in accordance with appellate procedures as provided by law.  (b) The accused may withdraw an appeal at any time in accordance with appellate procedures as provided by law.
MA Gen L ch 33a § 62 (2021)
2021 Massachusetts General Laws|Part I - Administration of the Government|Title V - Militia|Chapter 33a - Massachusetts Code of Military Justice|Section 62 - Appeal by the State

Article 62. Appeal by the State.  (a)(1) In a trial by court-martial in which a punitive discharge may be adjudged, other than a finding of not guilty with respect to the charge or specification by the members of the court-martial or by a judge in a bench trial so long as it is not made in reconsideration, the state may appeal:  (A) an order or ruling of the military judge that terminates the proceedings with respect to a charge or specification;  (B) an order or ruling that excludes evidence that is substantial proof of a fact material in the proceeding;  (C) an order or ruling that directs the disclosure of classified information;  (D) an order or ruling that imposes sanctions for nondisclosure of classified information;  (E) a refusal of the military judge to issue a protective order sought by the state to prevent the disclosure of classified information; or  (F) a refusal by the military judge to enforce an order described in clause (E) that has previously been issued by appropriate authority.  (2) An appeal of an order or ruling may not be taken unless the trial counsel provides the military judge with written notice of appeal from the order or ruling within 72 hours of the order or ruling. Such notice shall include a certification by the trial counsel that the appeal is not taken for the purpose of delay and, if the order or ruling appealed is 1 that excludes evidence, that the evidence excluded is substantial proof of a fact material in the proceeding.  (3) An appeal under this article shall be diligently prosecuted as provided by law.  (b) An appeal under this article shall be forwarded to the court prescribed in article 67A. In ruling on an appeal under this article, that court may act only with respect to matters of law.  (c) Any period of delay resulting from an appeal under this article shall be excluded in deciding any issue regarding denial of a speedy trial unless an appropriate authority determines that the appeal was filed solely for the purpose of delay with the knowledge that it was frivolous and without merit.
MA Gen L ch 33a § 63 (2021)
2021 Massachusetts General Laws|Part I - Administration of the Government|Title V - Militia|Chapter 33a - Massachusetts Code of Military Justice|Section 63 - Rehearings

Article 63. Rehearings.  Each rehearing under this code shall take place before a court-martial composed of members who were not members of the court-martial which first heard the case. Upon a rehearing the accused may not be tried for any offense of which the accused was found not guilty by the first court-martial, and no sentence in excess of or more severe than the original sentence may be approved, unless the sentence is based upon a finding of guilty of an offense not considered upon the merits in the original proceedings, or unless the sentence prescribed for the offense is mandatory. If the sentence approved after the first court-martial was in accordance with a pretrial agreement and the accused at the rehearing changes a plea with respect to the charges or specifications upon which the pretrial agreement was based, or otherwise does not comply with the pretrial agreement, the approved sentence as to those charges or specifications may include any punishment not in excess of that lawfully adjudged at the first court-martial.
MA Gen L ch 33a § 65 (2021)
2021 Massachusetts General Laws|Part I - Administration of the Government|Title V - Militia|Chapter 33a - Massachusetts Code of Military Justice|Section 65 - Disposition of Records After Review by the Convening Authority

Article 65. Disposition of records after review by the convening authority.  Except as otherwise required by this code, all records of trial and related documents shall be transmitted and disposed of as prescribed by regulation and provided by law.
MA Gen L ch 33a § 67a (2021)
2021 Massachusetts General Laws|Part I - Administration of the Government|Title V - Militia|Chapter 33a - Massachusetts Code of Military Justice|Section 67a - Review by State Appellate Authority

Article 67A. Review by state appellate authority.  Decisions of a court-martial shall be considered to be from a trial court of the commonwealth and appeals shall be to the appeals court of the commonwealth. The appellate procedures to be followed shall be those provided by law for the appeal of criminal cases thereto.
MA Gen L ch 33a § 70 (2021)
2021 Massachusetts General Laws|Part I - Administration of the Government|Title V - Militia|Chapter 33a - Massachusetts Code of Military Justice|Section 70 - Appellate Counsel

Article 70. Appellate counsel.  (a) The senior force judge advocate shall detail a judge advocate as appellate government counsel to represent the state in the review or appeal of cases specified in article 67A of this code and before any federal court when requested to do so by the state attorney general. Appellate government counsel must be a member in good standing of the bar of the highest court of the state to which the appeal is taken.  (b) Upon an appeal by the state, an accused has the right to be represented by detailed military counsel before any reviewing authority and before any appellate court.  (c) Upon the appeal by an accused, the accused has the right to be represented by military counsel before any reviewing authority.  (d) Upon the request of an accused entitled to be so represented, the senior force judge advocate shall appoint a judge advocate to represent the accused in the review or appeal of cases specified in subsections (b) and (c) of this article.  (e) An accused may be represented by civilian appellate counsel at no expense to the state.
MA Gen L ch 33a § 71 (2021)
2021 Massachusetts General Laws|Part I - Administration of the Government|Title V - Militia|Chapter 33a - Massachusetts Code of Military Justice|Section 71 - Execution of Sentence; Suspension of Sentence

Article 71. Execution of sentence; suspension of sentence.  (a) If the sentence of the court-martial extends to dismissal or a dishonorable or bad-conduct discharge and if the right of the accused to appellate review is not waived, and an appeal is not withdrawn under article 61, that part of the sentence extending to dismissal or a dishonorable or bad-conduct discharge may not be executed until there is a final judgment as to the legality of the proceedings. A judgment as to the legality of the proceedings is final in such cases when review is completed by an appellate court prescribed in article 67A, and is deemed final by the law of state where the judgment was had.  (b) If the sentence of the court-martial extends to dismissal or a dishonorable or bad conduct discharge and if the right of the accused to appellate review is waived, or an appeal is withdrawn under article 61, that part of the sentence extending to dismissal or a dishonorable or bad-conduct discharge may not be executed until review of the case by the senior force judge advocate and any action on that review under article 64 is completed. Any other part of a court-martial sentence may be ordered executed by the convening authority or other person acting on the case under article 60 when so approved under that article.
MA Gen L ch 33a § 72 (2021)
2021 Massachusetts General Laws|Part I - Administration of the Government|Title V - Militia|Chapter 33a - Massachusetts Code of Military Justice|Section 72 - Vacation of Suspension

Article 72. Vacation of suspension.  (a) Before the vacation of the suspension of a special court-martial sentence, which as approved includes a bad-conduct discharge, or of any general court-martial sentence, the officer having special court-martial jurisdiction over the probationer shall hold a hearing on an alleged violation of probation. The probationer shall be represented at the hearing by military counsel if the probationer so desires.  (b) The record of the hearing and the recommendation of the officer having special court- martial jurisdiction shall be sent for action to the officer exercising general court-martial jurisdiction over the probationer. If the officer vacates the suspension, any unexecuted part of the sentence, except a dismissal, shall be executed, subject to applicable restrictions in this code.  (c) The suspension of any other sentence may be vacated by any authority competent to convene, for the command in which the accused is serving or assigned, a court of the kind that imposed the sentence.
MA Gen L ch 33a § 73 (2021)
2021 Massachusetts General Laws|Part I - Administration of the Government|Title V - Militia|Chapter 33a - Massachusetts Code of Military Justice|Section 73 - Petition for a New Trial

Article 73. Petition for a new trial.  At any time within 2 years after approval by the convening authority of a court-martial sentence, the accused may petition the adjutant general for a new trial on the grounds of newly-discovered evidence or fraud on the court-martial.
MA Gen L ch 33a § 74 (2021)
2021 Massachusetts General Laws|Part I - Administration of the Government|Title V - Militia|Chapter 33a - Massachusetts Code of Military Justice|Section 74 - Remission and Suspension

Article 74. Remission and suspension.  (a) An authority competent to convene, for the command in which the accused is serving or assigned, a court of the kind that imposed the sentence may remit or suspend any part or amount of the unexecuted part of any sentence, including all uncollected forfeitures other than a sentence approved by the commander-in-chief,  (b) The commander-in-chief may, for good cause, substitute an administrative form of discharge for a discharge or dismissal executed in accordance with the sentence of a court-martial.
MA Gen L ch 33a § 75 (2021)
2021 Massachusetts General Laws|Part I - Administration of the Government|Title V - Militia|Chapter 33a - Massachusetts Code of Military Justice|Section 75 - Restoration

Article 75. Restoration.  (a) Under such regulations as may be prescribed, all rights, privileges and property affected by an executed part of a court-martial sentence which has been set aside or disapproved, except an executed dismissal or discharge, shall be restored unless a new trial or rehearing is ordered and such executed part is included in a sentence imposed upon the new trial or rehearing.  (b) If a previously executed sentence of dishonorable or bad-conduct discharge is not imposed on a new trial, the commander-in-chief, if authorized, may substitute therefor a form of discharge authorized for administrative issuance unless the accused is to serve out the remainder of the accused's enlistment.  (c) If a previously executed sentence of dismissal is not imposed on a new trial, the commander-in-chief, if authorized, may substitute therefor a form of discharge authorized for administrative issue and the commissioned officer dismissed by that sentence may be reappointed by the commander-in-chief alone to such commissioned grade and with such rank as in the opinion of the commander-in-chief that former officer would have attained had such former officer not been dismissed. The reappointment of any such former officer shall be without regard to the existence of a vacancy and shall affect the promotion status of other officers only insofar as the commander-in-chief may direct. All time between the dismissal and their reappointment shall be considered as actual service for all purposes, including the right to pay and allowances.
MA Gen L ch 33a § 76 (2021)
2021 Massachusetts General Laws|Part I - Administration of the Government|Title V - Militia|Chapter 33a - Massachusetts Code of Military Justice|Section 76 - Finality of Proceedings, Findings and Sentences

Article 76. Finality of proceedings, findings and sentences.  The appellate review of records of trial provided by this code, the proceedings, findings, and sentences of courts-martial as approved, reviewed or affirmed as required by this code and all dismissals and discharges carried into execution under sentences by courts-martial following approval, review or affirmation as required by this code shall be final and conclusive. Orders publishing the proceedings of courts-martial and all action taken pursuant to those proceedings shall be binding upon all departments, courts, agencies and officers of the commonwealth, subject only to action upon a petition for a new trial as provided in article 73 and to action under article 74.
MA Gen L ch 33a § 76a (2021)
2021 Massachusetts General Laws|Part I - Administration of the Government|Title V - Militia|Chapter 33a - Massachusetts Code of Military Justice|Section 76a - Leave Required to Be Taken Pending Review of Certain Court-Martial Convictions

Article 76A. Leave required to be taken pending review of certain court-martial convictions.  Under regulations prescribed, an accused who has been sentenced by a court-martial may be required to take leave pending completion of action under this article if the sentence, as approved under article 60, includes an unsuspended dismissal or an unsuspended dishonorable or bad-conduct discharge. The accused may be required to begin such leave on the date on which the sentence is approved under said article 60 or at any time after such date and such leave may be continued until the date on which action under this article is completed or may be terminated at any earlier time.
MA Gen L ch 33a § 76b (2021)
2021 Massachusetts General Laws|Part I - Administration of the Government|Title V - Militia|Chapter 33a - Massachusetts Code of Military Justice|Section 76b - Lack of Mental Capacity or Mental Responsibility: Commitment of Accused for Examination and Treatment

Article 76B. Lack of mental capacity or mental responsibility: commitment of accused for examination and treatment.  (a) In the case of a person determined under this code to be presently suffering from a mental disease or defect rendering the person mentally incompetent to the extent that the person is unable to understand the nature of the proceedings against that person or to conduct or cooperate intelligently in the defense of the case, the general court-martial convening authority shall proceed in accordance with the General Laws applicable to the person's lack of capacity.  (b) If a person is found by a court-martial not guilty only by reason of lack of mental responsibility, the court-martial convening authority shall proceed in accordance with the General Laws applicable to the finding of not guilty by reason of lack of criminal responsibility due to mental illness or mental defect.
MA Gen L ch 33a § 77 (2021)
2021 Massachusetts General Laws|Part I - Administration of the Government|Title V - Militia|Chapter 33a - Massachusetts Code of Military Justice|Section 77 - Principals

Article 77. Principals.  A person subject to this code who: (1) commits an offense punishable by this code or aids, abets, counsels, commands or procures its commission; or (2) causes an act to be done which, if directly performed by such person would be punishable by this code shall be a principal.
MA Gen L ch 33a § 78 (2021)
2021 Massachusetts General Laws|Part I - Administration of the Government|Title V - Militia|Chapter 33a - Massachusetts Code of Military Justice|Section 78 - Accessory After the Fact

Article 78. Accessory after the fact.  A person subject to this code who, knowing that an offense punishable by this code has been committed, receives, comforts or assists the offender in order to hinder or prevent the offender's apprehension, trial or punishment shall be punished as a court-martial may direct.
MA Gen L ch 33a § 79 (2021)
2021 Massachusetts General Laws|Part I - Administration of the Government|Title V - Militia|Chapter 33a - Massachusetts Code of Military Justice|Section 79 - Conviction of Lesser Included Offense

Article 79. Conviction of lesser included offense.  An accused may be found guilty of an offense necessarily included in the offense charged or of an attempt to commit either the offense charged or an offense necessarily included therein.
MA Gen L ch 33a § 80 (2021)
2021 Massachusetts General Laws|Part I - Administration of the Government|Title V - Militia|Chapter 33a - Massachusetts Code of Military Justice|Section 80 - Attempt

Article 80. Attempt.  (a) An act done with specific intent to commit an offense under this code that amounts to more than mere preparation and tending, even though failing to effect its commission, shall be an attempt to commit that offense.  (b) A person subject to this code who attempts to commit an offense punishable by this code shall be punished as a court-martial may direct unless otherwise specifically prescribed.  (c) A person subject to this code may be convicted of an attempt to commit an offense although it appears on the trial that the offense was consummated.