reglab/housing_qa huggingface dataset:
SC Code § 25-1-2695 (2021)
2021 South Carolina Code of Laws|Title 25 - Military, Civil Defense and Veterans Affairs|Chapter 1 - Military Code|Section 25-1-2695. Unlawfully influencing action of court.

 (1) No authority convening a general, special, or summary court-martial nor any other commander or officer serving on the staff of the court-martial may censure, reprimand, or admonish the court or any member, military judge, or counsel 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 code may attempt to coerce or, by an unauthorized means, influence the action of the 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 this subsection do not apply with respect to:  (A) 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;  (B) statements and instructions given in open court by the military judge, president of a special court-martial, or counsel.  (2) 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 military forces is qualified to be advanced in grade, or in determining the assignment or transfer of a member of the military forces, or in determining whether a member of the military forces should be retained on active duty, no person subject to the Code of Military Justice may, in preparing any such report:  (A) consider or evaluate the performance of duty of the member as a member of a court-martial;  (B) give a less favorable rating or evaluation of any member of the state military forces because of the zeal with which the member, as counsel, represented any accused before a court-martial.  HISTORY: 1984 Act No. 378, Section 28.
SC Code § 25-1-2700 (2021)
2021 South Carolina Code of Laws|Title 25 - Military, Civil Defense and Veterans Affairs|Chapter 1 - Military Code|Section 25-1-2700. Duties of trial counsel and defense counsel; assistant trial counsel.

 The trial counsel of a general or special court-martial shall prosecute in the name of the State of South Carolina, and shall, under the direction of the court, prepare the record of the proceedings.  The accused has the right to be represented in his defense before a general or special court-martial by civilian counsel if provided by him at his own expense, or by military counsel detailed under Section 25-1-2630. Should the accused have counsel of his own selection, the defense counsel, and assistant defense counsel, if any, who were detailed, may be excused by the military judge or by the president of a court-martial without a military judge. An accused has no right to military counsel in a summary court-martial proceeding.  In every court-martial proceeding, the defense counsel may, in the event of conviction, forward for attachment to the record of proceedings a brief of matters he feels should be considered in behalf of the accused on review, including any objection to the contents of the record which he considers appropriate.  An assistant trial counsel of a general court-martial may, under the direction of the trial counsel or when he is qualified to be a trial counsel as required by Section 25-1-2630 perform any duty imposed by law, regulation, or the custom of the service upon the trial counsel of the court. An assistant trial counsel of a special court-martial may perform any duty of the trial counsel.  An assistant defense counsel of a general or special court-martial may, under the direction of the defense counsel or when he is qualified to be the defense counsel, as required by Section 25-1-2630 perform any duty imposed by law, regulation, or the custom of the service upon counsel for the accused.  HISTORY: [Derived from former Section 25-1-2900 (1950 (46) 1881; 1952 Code Section 44-188; 1962 Code Section 44-190; 1964 (53) 2241)] En by 1984 Act No. 378, Section 28.
SC Code § 25-1-2705 (2021)
2021 South Carolina Code of Laws|Title 25 - Military, Civil Defense and Veterans Affairs|Chapter 1 - Military Code|Section 25-1-2705. Sessions.

 At any time after the service of charges which have been referred for trial to a court-martial composed of a military judge and members, the military judge may, subject to Section 25-1-2685, call the court into session without the presence of the members for the purpose of:  (1) 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;  (2) hearing and ruling upon any matter which may be ruled upon by the military judge under this code, whether or not the matter is appropriate for later consideration or decision by the members of the court;  (3) unless prohibited by regulations of the Governor, holding the arraignment and receiving the pleas of the accused;  (4) performing any other procedural function which may be performed by the military judge under this code under rules prescribed pursuant to Section 25-1-2690 and which does not require the presence of the members of the court. These proceedings must be conducted in the presence of the accused, the defense counsel, and the trial counsel and must be made a part of the record.  When the members of a court-martial deliberate or vote, only the members may be present. All other proceedings, including any other consultation of the members of the court with counsel or the military judge, must be made a part of the record and must be in the presence of the accused, the defense counsel, the trial counsel, and in cases in which a military judge has been detailed to the court, the military judge.  HISTORY: 1984 Act No. 378, Section 28.
SC Code § 25-1-2710 (2021)
2021 South Carolina Code of Laws|Title 25 - Military, Civil Defense and Veterans Affairs|Chapter 1 - Military Code|Section 25-1-2710. 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.  HISTORY: 1984 Act No. 378, Section 28.
SC Code § 25-1-2715 (2021)
2021 South Carolina Code of Laws|Title 25 - Military, Civil Defense and Veterans Affairs|Chapter 1 - Military Code|Section 25-1-2715. Challenges.

 The military judge and members of a general or special court-martial may be challenged by the accused or the trial counsel for cause stated to the court. The military judge or, if none, the court, shall determine the relevancy and validity of challenges for cause, and may not receive a challenge to more than one person at a time. Challenges by the trial counsel shall ordinarily be presented and decided before those by the accused are offered.  Each accused and the trial counsel are entitled to one peremptory challenge, but the military judge may not be challenged except for cause.  HISTORY: [Derived from former Section 25-1-2950 (1950 (46) 1881; 1952 Code Section 44-194; 1962 Code Section 44-195; 1964 (53) 2241)] En by 1984 Act No. 378, Section 28.
SC Code § 25-1-2720 (2021)
2021 South Carolina Code of Laws|Title 25 - Military, Civil Defense and Veterans Affairs|Chapter 1 - Military Code|Section 25-1-2720. Oaths.

 Before performing their respective duties, military judges, members of general and special courts-martial, trial counsel, assistant trial counsel, defense counsel, assistant defense counsel, reporters, and interpreters shall take an oath to perform their duties faithfully.  HISTORY: 1984 Act No. 378, Section 28.
SC Code § 25-1-2725 (2021)
2021 South Carolina Code of Laws|Title 25 - Military, Civil Defense and Veterans Affairs|Chapter 1 - Military Code|Section 25-1-2725. Statute of limitations.

 A person charged with desertion or absence without leave in time of war or with mutiny may be tried and punished at any time without limitation.  A person charged with any offense is not liable to be tried by court-martial or punished under Section 25-1-2520 if the offense was committed more than three years before the receipt of sworn charges and specifications by an officer exercising summary court-martial jurisdiction over the command or before the imposition of punishment under Section 25-1-2520.  Periods in which the accused was absent from territory in which the State of South Carolina has the authority to apprehend him, or in the custody of civil authorities, or in the hands of the enemy, must be excluded in computing the period of limitation prescribed in this section.  HISTORY: [Derived from former Section 25-1-3000 (1950 (46) 1881; 1952 Code Section 44-197; 1962 Code Section 44-197; 1964 (53) 2241)] En by 1984 Act No. 378, Section 28; 2001 Act No. 85, Section 35.
SC Code § 25-1-2726 (2021)
2021 South Carolina Code of Laws|Title 25 - Military, Civil Defense and Veterans Affairs|Chapter 1 - Military Code|Section 25-1-2726. Jurisdiction over accused.

 Jurisdiction over the accused attaches upon service of charges on the accused. Failure to respond or appear shall not defeat jurisdiction to try and sentence an accused in absentia.  HISTORY: 1985 Act No. 84, Section 42.
SC Code § 25-1-2730 (2021)
2021 South Carolina Code of Laws|Title 25 - Military, Civil Defense and Veterans Affairs|Chapter 1 - Military Code|Section 25-1-2730. Double jeopardy.

 No person may, without his consent, be tried a second time for the same offense. 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 section until the finding of guilty has become final after review of the case has been fully completed.  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 section.  HISTORY: 1984 Act No. 378, Section 28.
SC Code § 25-1-2735 (2021)
2021 South Carolina Code of Laws|Title 25 - Military, Civil Defense and Veterans Affairs|Chapter 1 - Military Code|Section 25-1-2735. Pleas of accused.

 If an accused 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 must be entered in the record, and the court shall proceed as though he had pleaded not guilty.  With respect to any 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 be entered immediately without vote. This finding shall constitute the finding of the court even though the plea of guilty is withdrawn prior to the announcement of the sentence.  HISTORY: [Derived from former Section 25-1-2960 (1950 (46) 1881; 1952 Code Section 44-199; 1962 Code Section 44-196; 1964 (53) 2241)] En by 1984 Act No. 378, Section 28.
SC Code § 25-1-2740 (2021)
2021 South Carolina Code of Laws|Title 25 - Military, Civil Defense and Veterans Affairs|Chapter 1 - Military Code|Section 25-1-2740. 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 regulations prescribed by the Governor. Process issued in court-martial cases to compel witnesses to appear and testify and to compel the production of other evidence must be similar to that which courts of the state having jurisdiction may lawfully issue, as prescribed by the laws of this State.  HISTORY: [Derived from former Sections 25-1-2980 (1950 (46) 1881; 1952 Code Section 44-204; 1962 Code Section 44-200; 1964 (53) 2241) and 25-1-2990 (1950 (46) 1881; 1952 Code Section 44-205; 1962 Code Section 44-201; 1964 (53) 2241)] En by 1984 Act No. 378, Section 28.
SC Code § 25-1-2745 (2021)
2021 South Carolina Code of Laws|Title 25 - Military, Civil Defense and Veterans Affairs|Chapter 1 - Military Code|Section 25-1-2745. Refusal to appear or testify.

 Any person not subject to the Code of Military Justice is guilty of an offense against the State if:  (1) he has been duly subpoenaed in accordance with the laws of this State to appear as a witness or to produce books and records before a military court or before any military or civil officer designated to take a deposition to be read in evidence before such a court;  (2) wilfully neglects or refuses to appear, or refuses to qualify as a witness or to testify or to produce any evidence which that person may have been legally subpoenaed to produce.  Any person who commits an offense named in this section must be tried in a circuit court of this State, and jurisdiction is conferred upon that court for that purpose. Upon conviction, such a person must be punished by a fine of not more than five hundred dollars, or imprisonment for not more than six months, or both.  The attorney general or his designated representative shall, upon the certification of the facts to him by the military court, prosecute any person violating this section.  HISTORY: [Derived from former Section 25-1-2990 (1950 (46) 1881; 1952 Code Section 44-205; 1962 Code Section 44-201; 1964 (53) 2241)] En by 1984 Act No. 378, Section 28.
SC Code § 25-1-2750 (2021)
2021 South Carolina Code of Laws|Title 25 - Military, Civil Defense and Veterans Affairs|Chapter 1 - Military Code|Section 25-1-2750. Contempt.

 A court-martial may punish for contempt any person who uses menacing words, signs, or gestures in its presence, or who disturbs its proceedings. The punishment may not exceed confinement for twenty-five days or a fine of five hundred dollars.  HISTORY: [Derived from former Section 25-1-2970 (1950 (46) 1881; 1952 Code Section 44-202; 1962 Code Section 44-199; 1964 (53) 2241)] En by 1984 Act No. 378, Section 28; 2001 Act No. 85, Section 36.
SC Code § 25-1-2755 (2021)
2021 South Carolina Code of Laws|Title 25 - Military, Civil Defense and Veterans Affairs|Chapter 1 - Military Code|Section 25-1-2755. Depositions.

 At any time after charges have been signed, as provided in Section 25-1-2660, any party may take oral or written depositions unless the military judge or court-martial without a military judge hearing the case, or if the case is not being heard, an authority competent to convene a court-martial for the trial of those charges, forbids it for a good cause. If a deposition is to be taken before charges are referred for trial, an authority may designate commissioned officers to represent the prosecution and the defense and may authorize those officers to take the deposition of any witness.  The party at whose instance a deposition is to be taken shall give to every other party reasonable written notice of the time and place for taking the deposition.  Depositions may be taken before, and authenticated by, any military or civil officer authorized by the laws of this State or by the laws of the place where the deposition is taken to administer oaths.  A duly authenticated deposition taken upon reasonable notice to the other parties, so far as otherwise admissible under the rules of evidence, may be read in evidence before any court-martial or in any proceeding before a court of inquiry, if it appears that:  (1) the witness resides or is beyond the State or beyond the distance of one hundred miles from the place of trial or hearing;  (2) the witness by reason of death, age, sickness, bodily infirmity, imprisonment, military necessity, nonamenability to process or other reasonable cause, is unable or refuses to appear to testify in person at the place of trial or hearing;  (3) the present whereabouts of the witness is unknown.  HISTORY: [Derived from former Section 25-1-2980 (1950 (46) 1881; 1952 Code Section 44-204; 1962 Code Section 44-200; 1964 (53) 2241)] En by 1984 Act No. 378, Section 28.
SC Code § 25-1-2760 (2021)
2021 South Carolina Code of Laws|Title 25 - Military, Civil Defense and Veterans Affairs|Chapter 1 - Military Code|Section 25-1-2760. Admissibility of records of courts of inquiry.

 In any case not extending to the dismissal of a commissioned officer, the sworn testimony, contained in the duly authenticated record of proceedings of a court of inquiry, of a person whose oral testimony may not be obtained, may if otherwise admissible under the rules of evidence, be read in evidence by any party before a court-martial if the accused was a party before the court of inquiry and if the same issue was involved or if he consents to the introduction of the evidence.  The testimony may be read in evidence only by the defense in cases extending to the dismissal of a commissioned officer.  The testimony may also be read in evidence before a court of inquiry or a military board.  HISTORY: 1984 Act No. 378, Section 28.
SC Code § 25-1-2765 (2021)
2021 South Carolina Code of Laws|Title 25 - Military, Civil Defense and Veterans Affairs|Chapter 1 - Military Code|Section 25-1-2765. Voting and rulings.

 Voting by members of a general or special court-martial on the findings and on the sentence, and by members of a court-martial without a military judge upon questions of challenge must be by secret written ballot. The junior member of the court shall count the votes. The count must be checked by the president, who shall forthwith announce the result of the ballot to the members of the court.  The military judge and, except for questions of challenge, the president of a court-martial without a military judge, shall rule upon all questions of law and all interlocutory questions, arising during the proceedings. Any ruling made by the military judge upon any question of law or any interlocutory question other than the factual issue of mental responsibility of the accused, or by the president of a court-martial without a military judge upon any question of law other than a motion for a finding of not guilty is final and constitutes the ruling of the court. However, the military judge or the president of a court-martial without a military judge may change his ruling at any time during the trial.  Before a vote is taken on the findings, the military judge or the president of a court-martial without a military judge shall, in the presence of the accused and counsel, instruct the members of the court as to the elements of the offense and charge them:  (1) that the accused must be presumed to be innocent until his guilt is established by legal and competent evidence beyond 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 he must be acquitted;  (3) that if there is a reasonable doubt as to the degree of guilt, the finding must be in a lower degree as to which there is no reasonable doubt;  (4) that the burden of proof of establishing the guilt of the accused beyond reasonable doubt is upon the State.  This section does not apply to a court-martial composed of a military judge only. The military judge of such a court-martial shall determine all questions of law and fact arising during the proceedings, and, if the accused is convicted, adjudge an appropriate sentence. The military judge of such a court-martial shall make a general finding and shall in addition on request find the facts specially. If an opinion or memorandum of decision is filed, it is sufficient if the findings of fact appear in it.  HISTORY: 1984 Act No. 378, Section 28.
SC Code § 25-1-2770 (2021)
2021 South Carolina Code of Laws|Title 25 - Military, Civil Defense and Veterans Affairs|Chapter 1 - Military Code|Section 25-1-2770. Number of votes required.

 No person may be convicted of an offense, except as provided in Section 25-1-2735 or by the concurrence of two-thirds of the members present at the time the vote is taken.  All other questions to be decided by the members of a general or special court-martial must be determined by a majority vote. A tie vote on a challenge disqualifies the member challenged. A tie vote on a motion for a finding of not guilty or on a motion relating to the question of the accused's sanity is a determination against the accused. A tie vote on any other question is a determination in favor of the accused.  HISTORY: 1984 Act No. 378, Section 28.
SC Code § 25-1-2775 (2021)
2021 South Carolina Code of Laws|Title 25 - Military, Civil Defense and Veterans Affairs|Chapter 1 - Military Code|Section 25-1-2775. Announcement of findings and sentence.

 A court-martial shall announce its findings and sentence to the parties as soon as determined.  HISTORY: 1984 Act No. 378, Section 28.
SC Code § 25-1-2780 (2021)
2021 South Carolina Code of Laws|Title 25 - Military, Civil Defense and Veterans Affairs|Chapter 1 - Military Code|Section 25-1-2780. Record of trial.

 Each general court-martial shall keep a separate record of the proceedings in each case brought before it, and the record must be authenticated by the signature of the military judge. If the record may not be authenticated by the military judge by reason of his death, disability, or absence, it must be authenticated by the signature of the trial counsel or by that of a member if the trial counsel is unable to authenticate it by reason of his death, disability, or absence. In a court-martial consisting of only a military judge the record must be authenticated by the court reporter under the same conditions which would impose such a duty on a member under this paragraph. If the proceedings have resulted in an acquittal of all charges and specifications or, if not affecting a general or flag officer, in a sentence not including discharge or confinement and not in excess of that which may otherwise be adjudged by a special court-martial, the record shall contain such matters as may be prescribed by regulations of the Governor.  A copy of the record of the proceedings of each general and special court-martial must be given to the accused as soon as it is authenticated.  Summary court-martial proceedings must use documents promulgated by regulations of the Adjutant General.  HISTORY: 1984 Act No. 378, Section 28; 2001 Act No. 85, Section 37.
SC Code § 25-1-2785 (2021)
2021 South Carolina Code of Laws|Title 25 - Military, Civil Defense and Veterans Affairs|Chapter 1 - Military Code|Section 25-1-2785. Cruel and unusual punishments prohibited.

 Punishment by flogging, or by branding, marking, or tattooing on the body, or any other cruel and unusual punishment, may not be adjudged by any court-martial and inflicted upon any person subject to this code.  HISTORY: 1984 Act No. 378, Section 28.
SC Code § 25-1-2790 (2021)
2021 South Carolina Code of Laws|Title 25 - Military, Civil Defense and Veterans Affairs|Chapter 1 - Military Code|Section 25-1-2790. Resignation in lieu of court-martial.

 With the express consent of the adjutant general, an accused may resign without retirement or other benefits from the military forces in lieu of court-martial.  HISTORY: 1984 Act No. 378, Section 28.