reglab/housing_qa huggingface dataset:
AL Code § 31-2A-50a (2021)
2021 Code of Alabama|Title 31 - Military Affairs and Civil Defense.|Chapter 2A - Military Justice.|Part VII - Trial Procedure.|Section 31-2A-50a - (Article 50a.) Defense of Lack of Mental Responsibility.

Section 31-2A-50a(Article 50a.) Defense of lack of mental responsibility.  (a) It is 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) The accused has the burden of proving the defense of lack of mental responsibility by clear and convincing evidence. (c) Whenever lack of mental responsibility of the accused with respect to an offense is properly at issue, the military judge shall instruct the members of the court as to the defense of lack of mental responsibility under this article and charge members to find the accused any one of the following: (1) Guilty. (2) Not guilty. (3) Not guilty only by reason of lack of mental responsibility. (d) Subsection (c) does not apply to a court-martial composed of a military judge only. In the case of a court-martial composed of a military judge only or a summary court-martial officer, whenever lack of mental responsibility of the accused with respect to an offense is properly at issue, the military judge or summary court-martial officer shall find the accused any one of the following: (1) Guilty. (2) Not guilty. (3) Not guilty only by reason of lack of mental responsibility. (e) Notwithstanding the provisions of Section 31-2A-52 (Article 52), the accused shall be found not guilty only by reason of lack of mental responsibility if either of the following occurs: (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. (2) In the case of a court-martial composed of a military judge only or a summary court-martial officer, the military judge or summary court-martial officer determines that the defense of lack of mental responsibility has been established. (Act 2012-334, p. 790, §1.)
AL Code § 31-2A-51 (2021)
2021 Code of Alabama|Title 31 - Military Affairs and Civil Defense.|Chapter 2A - Military Justice.|Part VII - Trial Procedure.|Section 31-2A-51 - (Article 51.) Voting and Rulings.

Section 31-2A-51(Article 51.) Voting and rulings.  (a) 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) 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 31-2A-52 (Article 52), beginning with the junior in rank. (c) Before a vote is taken on the findings, the military judge, in the presence of the accused and counsel, shall instruct the members of the court as to the elements of the offense and charge them with all of the following: (1) The accused must be presumed to be innocent until his or her guilt is established by legal and competent evidence beyond reasonable doubt. (2) In the case being considered, if there is a reasonable doubt as to the guilt of the accused, the doubt must be resolved in favor of the accused and the accused must be acquitted. (3) 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) The burden of proof to establish the guilt of the accused beyond reasonable doubt is upon the state. (d) 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 in addition, on request, shall find the facts specially. If an opinion or memorandum of decision is filed, it will be sufficient if the findings of fact appear therein. (Act 2012-334, p. 790, §1.)
AL Code § 31-2A-52 (2021)
2021 Code of Alabama|Title 31 - Military Affairs and Civil Defense.|Chapter 2A - Military Justice.|Part VII - Trial Procedure.|Section 31-2A-52 - (Article 52.) Number of Votes Required.

Section 31-2A-52(Article 52.) Number of votes required.  (a) No person may be convicted of an offense except as provided in Section 31-2A-45(b) (Article 45(b)) or by the concurrence of two-thirds of the members present at the time the vote is taken. (b) All other questions 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 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. (c) Pursuant to its authority under Article XV, Section 271 of the Constitution of Alabama of 1901, the Legislature finds and declares that Article I, Section 11 of the Constitution of Alabama of 1901, does not apply to a court-martial proceeding. Courts-martial existed before the existence of the Constitution, and their existence is recognized in the Constitution. Further, courts-martial are an executive agency belonging to the executive branch, not the judicial branch, and were created by the Legislature pursuant to its authority under Article XV, Section 271, to provide for disciplining the militia. (Act 2012-334, p. 790, §1; Act 2017-260, §1.)
AL Code § 31-2A-53 (2021)
2021 Code of Alabama|Title 31 - Military Affairs and Civil Defense.|Chapter 2A - Military Justice.|Part VII - Trial Procedure.|Section 31-2A-53 - (Article 53.) Court to Announce Action.

Section 31-2A-53(Article 53.) Court to announce action.  A court-martial shall announce its findings and sentence to the parties as soon as determined. (Act 2012-334, p. 790, §1.)
AL Code § 31-2A-54 (2021)
2021 Code of Alabama|Title 31 - Military Affairs and Civil Defense.|Chapter 2A - Military Justice.|Part VII - Trial Procedure.|Section 31-2A-54 - (Article 54.) Record of Trial.

Section 31-2A-54(Article 54.) Record of trial.  (a) Each general and special court-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 or her 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 or her death, disability, or absence. In a court-martial consisting of only a military judge, the record shall be authenticated by the court reporter under the same conditions which would impose such a duty on a member under this subsection. (b)(1) A complete verbatim record of the proceedings and testimony shall be prepared in each general and special court-martial case resulting in a conviction.  (2) In all other court-martial cases, the record shall contain such matters as may be prescribed by regulations. (c) Each summary court-martial shall keep a separate record of the proceedings in each case, and the record shall be authenticated in the manner as may be prescribed by regulations. (d) 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. (Act 2012-334, p. 790, §1.)
AL Code § 31-2A-55 (2021)
2021 Code of Alabama|Title 31 - Military Affairs and Civil Defense.|Chapter 2A - Military Justice.|Part VIII - Sentences.|Section 31-2A-55 - (Article 55.) Cruel and Unusual Punishments Prohibited.

Section 31-2A-55(Article 55.) 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 code. The use of irons, single or double, except for the purpose of safe custody, is prohibited. (Act 2012-334, p. 790, §1.)
AL Code § 31-2A-56 (2021)
2021 Code of Alabama|Title 31 - Military Affairs and Civil Defense.|Chapter 2A - Military Justice.|Part VIII - Sentences.|Section 31-2A-56 - (Article 56.) Maximum Limits.

Section 31-2A-56(Article 56.) Maximum limits. (a) The punishment which a court-martial may direct for an offense may not exceed such limits as prescribed by this code, but in no instance may a sentence exceed more than one year for a military offense, nor shall a sentence of death be adjudged. A conviction by a court-martial of any military offense is a misdemeanor as defined under the Code of Alabama 1975. (b) The limits of punishment for violations of the punitive articles prescribed herein shall be lesser of the sentences prescribed by the state manual for courts-martial, but in no instance shall any punishment exceed that authorized by this code. (Act 2012-334, p. 790, §1.)
AL Code § 31-2A-57 (2021)
2021 Code of Alabama|Title 31 - Military Affairs and Civil Defense.|Chapter 2A - Military Justice.|Part VIII - Sentences.|Section 31-2A-57 - (Article 57.) Effective Date of Sentences.

Section 31-2A-57(Article 57.) Effective date of sentences.  (a) 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) 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) All other sentences of courts-martial are effective on the date ordered executed. (Act 2012-334, p. 790, §1.)
AL Code § 31-2A-57a (2021)
2021 Code of Alabama|Title 31 - Military Affairs and Civil Defense.|Chapter 2A - Military Justice.|Part VIII - Sentences.|Section 31-2A-57a - (Article 57a.) Deferment of Sentences.

Section 31-2A-57a(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 subdivision (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 subdivision. (2) Subdivision (1) applies to a person subject to this code who meets both of the following: 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. 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, as the case may be. (3) In this subsection, the term "state" includes the District of Columbia and any commonwealth, territory, or possession of the United States. (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 Section 31-2A-67(a) (Article 67(a)) is pending, the Adjutant General may defer further service of the sentence to confinement while that review is pending. (Act 2012-334, p. 790, §1.)
AL Code § 31-2A-58 (2021)
2021 Code of Alabama|Title 31 - Military Affairs and Civil Defense.|Chapter 2A - Military Justice.|Part VIII - Sentences.|Section 31-2A-58 - (Article 58.) Execution of Confinement.

Section 31-2A-58(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) The omission of hard labor as a sentence authorized under this code does not deprive the state confinement facility from employing it, if it otherwise is within the authority of that facility to do so. (c) 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. (Act 2012-334, p. 790, §1.)
AL Code § 31-2A-58a (2021)
2021 Code of Alabama|Title 31 - Military Affairs and Civil Defense.|Chapter 2A - Military Justice.|Part VIII - Sentences.|Section 31-2A-58a - (Article 58a.) Sentences: Reduction in Enlisted Grade Upon Approval.

Section 31-2A-58a(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 either a bad-conduct discharge or confinement reduces 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. (Act 2012-334, p. 790, §1.)
AL Code § 31-2A-58b (2021)
2021 Code of Alabama|Title 31 - Military Affairs and Civil Defense.|Chapter 2A - Military Justice.|Part VIII - Sentences.|Section 31-2A-58b - (Article 58b.) Sentences: Forfeiture of Pay and Allowances During Confinement.

Section 31-2A-58b(Article 58b.) Sentences: Forfeiture of pay and allowances during confinement.  (a)(1) A court-martial sentence described in subdivision (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 Section 31-2A-57(a) (Article 57(a)) 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 two-thirds of all pay due that member during such period. (2) A sentence covered by this article is any sentence that includes either of the following: a. Confinement for more than six months. b. Confinement for six months or less and a bad-conduct discharge or dismissal. (b) In a case involving an accused who has dependents, the convening authority or other person acting under Section 31-2A-60 (Article 60) may waive any or all of the forfeitures of pay and allowances required by subsection (a) for a period not to exceed six 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 subdivision (a)(2), the member shall be paid the pay and allowances which the member would have been paid, except for the forfeiture, for the period during which the forfeiture was in effect. (Act 2012-334, p. 790, §1.)
AL Code § 31-2A-59 (2021)
2021 Code of Alabama|Title 31 - Military Affairs and Civil Defense.|Chapter 2A - Military Justice.|Part IX - Post-Trial Procedure and Review of Courts-Martial.|Section 31-2A-59 - (Article 59.) Error of Law; Lesser Included Offense.

Section 31-2A-59(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 substantial 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. (Act 2012-334, p. 790, §1.)
AL Code § 31-2A-61 (2021)
2021 Code of Alabama|Title 31 - Military Affairs and Civil Defense.|Chapter 2A - Military Justice.|Part IX - Post-Trial Procedure and Review of Courts-Martial.|Section 31-2A-61 - (Article 61.) Withdrawal of Appeal.

Section 31-2A-61(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 his or her defense counsel 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. (Act 2012-334, p. 790, §1.)
AL Code § 31-2A-62 (2021)
2021 Code of Alabama|Title 31 - Military Affairs and Civil Defense.|Chapter 2A - Military Justice.|Part IX - Post-Trial Procedure and Review of Courts-Martial.|Section 31-2A-62 - (Article 62.) Appeal by the State.

Section 31-2A-62(Article 62.) Appeal by the state.  (a)(1) In a trial by court-martial in which a punitive discharge may be adjudged, the state may appeal the following, other than a finding of not guilty with respect to the charge or specification by the members of the court-martial or an order or ruling that is, or that amounts to, a finding of not guilty with respect to the charge or specification: a. An order or ruling of the military judge which terminates the proceedings with respect to a charge or specification. b. An order or ruling which excludes evidence that is substantial proof of a fact material in the proceeding. c. An order or ruling which directs the disclosure of classified information. d. An order or ruling which 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. f. A refusal by the military judge to enforce an order described in paragraph 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 one which 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 Section 31-2A-67 (Article 67). 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 totally frivolous and without merit. (Act 2012-334, p. 790, §1.)
AL Code § 31-2A-63 (2021)
2021 Code of Alabama|Title 31 - Military Affairs and Civil Defense.|Chapter 2A - Military Justice.|Part IX - Post-Trial Procedure and Review of Courts-Martial.|Section 31-2A-63 - (Article 63.) Rehearings.

Section 31-2A-63(Article 63.) Rehearings. Each rehearing under this code shall take place before a court-martial composed of members 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 he or she 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. (Act 2012-334, p. 790, §1.)