reglab/housing_qa huggingface dataset:
51 PA Cons Stat § 5710 (2021)
2021 Pennsylvania Consolidated & Unconsolidated Statutes|Title 51 - MILITARY AFFAIRS|Chapter 57 - Trial Procedure|Section 5710 - Pleas of the accused

§ 5710. Pleas of the accused.   (a) Inadequacy or lack of pleading.--A plea of not guilty shall be entered in the record, and the court shall proceed as though the accused had pleaded not guilty, if, after arraignment before a court martial: (1) an accused makes an irregular pleading; (2) after a plea of guilty an accused sets up matter inconsistent with the plea; (3) it appears that an accused has entered a plea of guilty improvidently or through lack of understanding or its meaning and effect; or (4) an accused fails or refuses to plead.  (b) Plea of 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, a finding of guilty of the charge or specification may 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 This finding shall constitute the finding of the court unless the plea of guilty is withdrawn prior to announcement of the sentence, in which event the proceedings shall continue as though the accused had pleaded not guilty.    Cross References. Section 5710 is referred to in section 5717 of this title.
51 PA Cons Stat § 5711 (2021)
2021 Pennsylvania Consolidated & Unconsolidated Statutes|Title 51 - MILITARY AFFAIRS|Chapter 57 - Trial Procedure|Section 5711 - Opportunity to obtain witnesses and other evidence

§ 5711. Opportunity to obtain witnesses and other evidence.   (a) General rule.--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 Governor or department may prescribe.  (b) Issuance of process.--The following shall apply to issuance of process: (1) Process issued in court-martial cases to compel witnesses to appear and testify and to compel the production of other evidence shall apply the principles of law and the rules of courts-martial generally recognized in military criminal cases in the courts of the armed forces of the United States, unless contrary to or inconsistent with this part. (2) If process in paragraph (1) is contrary or inconsistent with this part, process shall be similar to that which the courts of this Commonwealth having criminal jurisdiction may lawfully issue and shall run to any part of the Commonwealth and to any other state, territory or district of possession in which the court-martial may be sitting. (3) If process in paragraphs (1) and (2) are contrary to or inconsistent with this part, process may be executed by civil officers as prescribed by the laws of the place where the witness or evidence is located or of the United States.
51 PA Cons Stat § 5712 (2021)
2021 Pennsylvania Consolidated & Unconsolidated Statutes|Title 51 - MILITARY AFFAIRS|Chapter 57 - Trial Procedure|Section 5712 - Refusal to appear or testify

§ 5712. Refusal to appear or testify.  Any person not subject to this part who has been duly subpoenaed to appear as a witness or to produce books and records before a court-martial or court of inquiry or before any military or civil officer designated to take a deposition to be read in evidence before such a court, who has been duly paid or tendered the fees and mileage of a witness at the rates allowed to witnesses attending a criminal court of the State and who willfully neglects or refuses to appear, refuses to qualify as a witness, refuses to testify or refuses to produce any evidence which that person may have been legally subpoenaed to produce is guilty of an offense and may be punished by the military court in the same manner as a criminal court of the Commonwealth.
51 PA Cons Stat § 5713 (2021)
2021 Pennsylvania Consolidated & Unconsolidated Statutes|Title 51 - MILITARY AFFAIRS|Chapter 57 - Trial Procedure|Section 5713 - Contempts

§ 5713. Contempts.  A military judge or summary court-martial officer may punish for contempt any person who uses any menacing word, sign or gesture in his presence or who disturbs proceedings by any riot or disorder. The following punishments shall apply: (1) A person subject to this part may be punished for contempt by confinement not to exceed 30 days or a fine of $100, or both. (2) A person not subject to this part may be punished for contempt by a military court in the same manner used by a criminal court of the jurisdiction.
51 PA Cons Stat § 5714 (2021)
2021 Pennsylvania Consolidated & Unconsolidated Statutes|Title 51 - MILITARY AFFAIRS|Chapter 57 - Trial Procedure|Section 5714 - Depositions

§ 5714. Depositions.   (a) General rule.--At any time after charges have been signed, as provided in section 5601 (relating to charges and specifications), any party may take oral or written depositions unless the military judge or summary court-martial officer 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 good cause.  (b) Notice of taking deposition.--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.  (c) Persons authorized to take depositions.--Depositions may be taken before and authenticated by any military or civil officer authorized by the laws of this Commonwealth or by the laws of the place where the deposition is taken to administer oaths.  (d) Admissibility in evidence.--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 or, in the case of audiotape, videotape, digital image or file or similar material, may be played in evidence before any military court if it appears: (1) that the witness resides or is beyond the state in which the court is ordered to sit or beyond 100 miles from the place of trial or hearing; (2) that 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 and testify in person at the place of trial or hearing; or (3) that the present whereabouts of the witness is unknown.
51 PA Cons Stat § 5715 (2021)
2021 Pennsylvania Consolidated & Unconsolidated Statutes|Title 51 - MILITARY AFFAIRS|Chapter 57 - Trial Procedure|Section 5715 - Admissibility of records of courts of inquiry

§ 5715. Admissibility of records of courts of inquiry.   (a) Court-martial.--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 cannot 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 the accused consents to the introduction of such evidence.  (b) Use of testimony by defense.--Such testimony may be read in evidence only by the defense in cases extending to dismissal or dishonorable discharge of a commissioned officer.  (c) Court of inquiry.--Such testimony may also be read in evidence before a court of inquiry by either party.
51 PA Cons Stat § 5716 (2021)
2021 Pennsylvania Consolidated & Unconsolidated Statutes|Title 51 - MILITARY AFFAIRS|Chapter 57 - Trial Procedure|Section 5716 - Voting and rulings

§ 5716. Voting and rulings.   (a) Findings, sentences and challenges.--Voting by members of a general or special court-martial on the findings and on the sentence shall be by secret written ballot. The junior member of the court shall count the votes. The count shall be checked by the president, who shall forthwith announce the result of the ballot to the members of the court.  (b) Questions of law and interlocutory questions.--The military judge shall rule upon all questions of law and all interlocutory questions arising during the proceedings. Any such 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 is final and constitutes the ruling of the court. However, the military judge may change the ruling at any time during the trial. Unless the ruling is final, if any member objects thereto, the court shall be cleared and closed and the question decided by a voice vote as provided in section 5717 (relating to number of votes required), beginning with the junior in rank.  (c) Instructions to members of court.--Before a vote is taken on the findings, the 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 the accused shall 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; and (4) that the burden of proof to establish the guilt of the accused beyond reasonable doubt is upon the prosecution.  (d) Proceedings before military judge only.--Subsections (a), (b) and (c) do 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 will be sufficient if the findings of fact appear therein.
51 PA Cons Stat § 5717 (2021)
2021 Pennsylvania Consolidated & Unconsolidated Statutes|Title 51 - MILITARY AFFAIRS|Chapter 57 - Trial Procedure|Section 5717 - Number of votes required

§ 5717. Number of votes required.   (a) Conviction.--No person subject to this part shall be convicted of any offense, except as provided in section 5710(b) (relating to pleas of accused) or by the concurrence of two-thirds of the members present at the time the vote is taken.  (b) Other matters.--All other matters to be decided by the members of a general or special court-martial shall be determined by a majority vote, but a determination to reconsider a finding of guilty or to reconsider a sentence, with a view toward decreasing it, may be made by any lesser vote which indicates that the reconsideration is not opposed by the number of votes required for that finding or sentence. A tie vote on a challenge disqualifies the member challenged. A tie vote on a motion relating to the accused's sanity is a determination against the accused. A tie vote on any other matter is a determination in favor of the accused.    Cross References. Section 5717 is referred to in sections 5716, 5720 of this title.
51 PA Cons Stat § 5718 (2021)
2021 Pennsylvania Consolidated & Unconsolidated Statutes|Title 51 - MILITARY AFFAIRS|Chapter 57 - Trial Procedure|Section 5718 - Court to announce action

§ 5718. Court to announce action.  Every court-martial shall announce its findings and sentence to the parties as soon as determined.
51 PA Cons Stat § 5719 (2021)
2021 Pennsylvania Consolidated & Unconsolidated Statutes|Title 51 - MILITARY AFFAIRS|Chapter 57 - Trial Procedure|Section 5719 - Record of trial

§ 5719. Record of trial.   (a) General and special courts-martial.--Each general and special courts-martial shall keep a separate record of the proceedings in each case brought before it, and the record shall be authenticated by the signature of the military judge. If the record cannot be authenticated by the military judge by reason of his death, disability or absence, it shall 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, if the record cannot be authenticated by the military judge by reason of his death, disability or absence, the record shall be authenticated by the signature of the court reporter. A complete verbatim record of the proceedings and testimony shall be prepared in each general and special court-martial case resulting in a conviction. In all other court-martial cases, the record shall contain such matters as the Governor or department may by regulation prescribe.  (b) Summary court martial.--Each summary court-martial shall keep a separate record of the proceedings in each case. The record shall be authenticated in such manner as the Governor or department may by regulation prescribe.  (c) Furnishing record to accused.--A copy of the record of the proceedings of each general and special court-martial shall be given to the accused as soon as it is authenticated.
51 PA Cons Stat § 5720 (2021)
2021 Pennsylvania Consolidated & Unconsolidated Statutes|Title 51 - MILITARY AFFAIRS|Chapter 57 - Trial Procedure|Section 5720 - Defense of lack of mental responsibility

§ 5720. Defense of lack of mental responsibility.   (a) General rule.--It shall be an affirmative defense in a trial by court-martial 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 has the burden of proving the defense of lack of mental responsibility by clear and convincing evidence.  (c) Instructions or findings by military judge.--Whenever lack of mental responsibility of the accused with respect to an offense is properly at issue, the military judge shall: (1) in a court-martial not composed of only a military judge, instruct the members of the court as to the defense of lack of mental responsibility under this section and charge them to find the accused guilty, not guilty or not guilty only by reason of lack of mental responsibility; or (2) in a court-martial composed of only a military judge, find the accused guilty, not guilty or not guilty only by reason of lack of mental responsibility.  (d) Finding of not guilty.--Notwithstanding section 5717 (relating to number of votes required), the accused shall be found not guilty only by reason of lack of mental responsibility if: (1) a majority of the members of the court-martial present at the time the vote is taken determines that the defense of lack of mental responsibility has been established; or (2) in the case of a court-martial composed of only a military judge, the military judge or summary court-martial officer determines that the defense of lack of mental responsibility has been established.
51 PA Cons Stat § 5721 (2021)
2021 Pennsylvania Consolidated & Unconsolidated Statutes|Title 51 - MILITARY AFFAIRS|Chapter 57 - Trial Procedure|Section 5721 - Effect of finding of lack of mental capacity on trial proceedings

§ 5721. Effect of finding of lack of mental capacity on trial proceedings.   (a) Mental incapacity generally.--When the accused is determined under this part to be suffering from a mental disease or defect rendering him mentally incompetent such that he is unable to understand the nature of the proceedings against him or to conduct or cooperate intelligently in the defense of the case, the general court-martial convening authority for the accused shall commit him to the custody of an agency or facility providing services to persons with such a disease or defect.  (b) Agency or facility action.--The agency or facility providing services shall take action in accordance with the jurisdictional laws applicable to persons incompetent to stand trial. If, at the end of the period for hospitalization, it is determined that the accused's mental condition has not so improved as to permit the trial to proceed, action shall be taken in accordance with the law of the jurisdiction.  (c) Recovery of accused.--When the director of a facility in which the accused is hospitalized determines that the accused has recovered to such an extent that he is able to understand the nature of the proceedings against him and to conduct or cooperate intelligently in the defense of the case, the director shall promptly transmit a notification of that determination to the general court-martial convening authority for the accused. The director shall send a copy of the notification to the defense counsel for the accused.  (d) Receipt of notification of competence.--Upon receipt of a notification transmitted under subsection (c), the general court-martial convening authority shall promptly take custody of the accused unless he is no longer subject to this part. If the accused is no longer subject to this part, the agency or facility with custody of the accused shall take such action as authorized by law of the jurisdiction. The director of the facility may retain custody of the accused for not more than 30 days after transmitting the notifications required under subsection (c).  (e) Court ordering commitment.--In the application of jurisdictional law applicable to persons incompetent to stand trial, references to the court that ordered the commitment of a person and to the clerk of such court shall be deemed to refer to the general court-martial convening authority for the accused. However, if the accused is no longer subject to this part, the State trial court with felony jurisdiction in the county where the accused is hospitalized or otherwise may be found shall be considered as the court that ordered the commitment of the accused.
51 PA Cons Stat § 5722 (2021)
2021 Pennsylvania Consolidated & Unconsolidated Statutes|Title 51 - MILITARY AFFAIRS|Chapter 57 - Trial Procedure|Section 5722 - Trial finding of lack of mental responsibility

§ 5722. Trial finding of lack of mental responsibility.   (a) Finding of lack of mental responsibility generally.--If an accused is found by a court-martial not guilty only by reason of lack of mental responsibility, the accused shall be committed to a suitable facility until he is eligible for release in accordance with this section.  (b) Hearing required.--The court-martial shall conduct a hearing on the mental condition of the accused in accordance with the jurisdictional law applicable to persons incompetent to stand trial. A report of the results of the hearing shall be made to the general court-martial convening authority for the accused.  (c) Failure to find accused incompetent.--If the court-martial fails to find that the release of the accused would not create a substantial risk of bodily injury to another person or serious damage of property of another due to a mental disease or defect of the accused, the following shall take place: (1) the general court-martial convening authority shall commit the accused to the custody of an agency or facility authorized to provide services to such persons; and (2) the agency or facility with custody of the accused shall take action in accordance with the jurisdictional law applicable to persons incompetent to stand trial.  (d) Status change of accused while in custody.--If the status of an accused changes while the accused is in the custody of a Commonwealth agency, hospitalized or on conditional release under a prescribed regimen of medical, psychiatric or psychological care or treatment so that the accused is no longer subject to this part, the agency or facility with custody of action shall be taken in accordance with the jurisdictional law.
51 PA Cons Stat § 5801 (2021)
2021 Pennsylvania Consolidated & Unconsolidated Statutes|Title 51 - MILITARY AFFAIRS|Chapter 58 - Sentences|Section 5801 - Cruel and unusual punishments prohibited

§ 5801. Cruel and unusual punishments prohibited.  Punishment by flogging or by branding, marking or tattooing on the body or any other cruel or unusual punishment may not be adjudged by a court-martial or inflicted upon any person subject to this part. The use of irons, single or double, except for the purpose of safe custody, is prohibited.
51 PA Cons Stat § 5802 (2021)
2021 Pennsylvania Consolidated & Unconsolidated Statutes|Title 51 - MILITARY AFFAIRS|Chapter 58 - Sentences|Section 5802 - Maximum limits

§ 5802. Maximum limits.   (a) General rule.--The punishment which a court-martial may direct for an offense may not exceed such limits as the Governor or department may prescribe for that offense. In no instance may a sentence to confinement exceed more than five years for a military offense.  (b) Punitive offenses.--The limits of punishment for an offense described in Chapter 60 (relating to punitive sections) shall be prescribed by the Governor or department by regulation. In no instance shall any punishment exceed that authorized by this section or the maximum punishment authorized by the United States Manual for Courts-Martial.
51 PA Cons Stat § 5803 (2021)
2021 Pennsylvania Consolidated & Unconsolidated Statutes|Title 51 - MILITARY AFFAIRS|Chapter 58 - Sentences|Section 5803 - Grading of offenses

§ 5803. Grading of offenses.   (a) Felonies.--A conviction by general court-martial for any military offense for which an accused may receive a sentence of confinement for more than one year is the equivalent of a felony offense.  (b) Misdemeanors.--Except for convictions by a summary court-martial, all other military offenses are the equivalents of misdemeanors.  (c) Noncriminal.--Any conviction by a summary court-martial is not a criminal conviction.
51 PA Cons Stat § 5804 (2021)
2021 Pennsylvania Consolidated & Unconsolidated Statutes|Title 51 - MILITARY AFFAIRS|Chapter 58 - Sentences|Section 5804 - Effective date of sentences

§ 5804. Effective date of sentences.   (a) Forfeiture of pay and allowances.--Whenever a sentence of a court-martial as lawfully adjudged and approved includes a forfeiture of pay or allowances, in addition to confinement not suspended, the forfeiture may apply to pay or allowances becoming due on or after the date the sentence is approved by the convening authority. No forfeiture may extend to any pay or allowances accrued before that date.  (b) Confinement.--Any period of confinement included in a sentence of a court-martial begins to run from the date the sentence is adjudged by the court-martial, but periods during which the sentence to confinement is suspended or deferred shall be excluded in computing the service of the term of confinement.  (c) Other sentences.--All other sentences of courts-martial are effective on the date ordered executed.    Cross References. Section 5804 is referred to in section 5207 of this title.
51 PA Cons Stat § 5805 (2021)
2021 Pennsylvania Consolidated & Unconsolidated Statutes|Title 51 - MILITARY AFFAIRS|Chapter 58 - Sentences|Section 5805 - Execution of confinement

§ 5805. Execution of confinement.   (a) Place of confinement.--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 part. Persons so confined are subject to the same discipline and treatment as persons regularly confined or committed to that place of confinement.  (b) Authority to require hard labor.--The omission of the words "hard labor" from any sentence or punishment authorized under this part does not deprive the confinement facility executing that sentence or punishment of the power to require hard labor as a part of the punishment if it is otherwise within the authority of that facility to do so.  (c) Refusal to accept accused prohibited.--No place of confinement may refuse or decline to accept an accused sentenced to confinement under this part or require payment of any fee or charge for so receiving or confining an accused except as otherwise provided by law. Any such fee or charge shall not exceed a per diem charge of $25 per day if otherwise authorized by law.