reglab/statecodes huggingface dataset:
Arkansas Code of 1987 (2023) › Title 12 - LAW ENFORCEMENT, EMERGENCY MANAGEMENT, AND MILITARY AFFAIRS (§§ 12-1-101 — 12-88-109) › Subtitle 4 - MILITARY AFFAIRS (§§ 12-60-101 — 12-64-852) › Chapter 64 - MILITARY JUSTICE (§§ 12-64-101 — 12-64-852) › Subchapter 4 - COURTS-MARTIAL (§§ 12-64-401 — 12-64-414) › Section 12-64-409 - Military judge

(a)
A military judge shall be detailed to each general and special court-martial.
(b)
The military judge shall be a commissioned officer who is a member of the bar of the highest court of a state or a member of the bar of a federal court and who is certified to be qualified for that duty by the State Judge Advocate.
(c)
The military judge shall be detailed by the State Judge Advocate.
(d)
Neither the convening authority nor any member of his or her staff shall prepare or review any report concerning the effectiveness, fitness, or efficiency of the military judge so detailed which relates to his or her performance of duty as a military judge.
(e)
No person shall be eligible to act as military judge in a case if he or she is the accuser or a witness for the prosecution or has acted as investigating officer or as a counsel in the same case.
(f)
The military judge of a court-martial may not consult with the members of the court, except in the presence of the accused, trial counsel, and defense counsel, nor may he or she vote with the members of the court.
Amended by Act 2015, No. 1003,§ 16, eff. 7/22/2015.
Acts 1969, No. 50, § 72; A.S.A. 1947, § 11-627; Acts 1987, No. 125, § 3.
Arkansas Code of 1987 (2023) › Title 12 - LAW ENFORCEMENT, EMERGENCY MANAGEMENT, AND MILITARY AFFAIRS (§§ 12-1-101 — 12-88-109) › Subtitle 4 - MILITARY AFFAIRS (§§ 12-60-101 — 12-64-852) › Chapter 64 - MILITARY JUSTICE (§§ 12-64-101 — 12-64-852) › Subchapter 4 - COURTS-MARTIAL (§§ 12-64-401 — 12-64-414) › Section 12-64-410 - Trial and defense counsel

(a)
For each general and special court-martial, the authority convening the court shall detail trial counsel and defense counsel.
(b)
(1)
A person who has acted as investigating officer, military judge, or court member in any case shall not later act as trial counsel, assistant trial counsel, or, unless expressly requested by the accused, defense counsel or assistant defense counsel in the same case.
(2)
A person who has acted for the prosecution shall not act later in the same case for the defense.
(3)
A person who has acted for the defense shall not act later in the same case for the prosecution.
(c)
(1)
If a victim of a crime committed subject to this code has a special victims' counsel provided at the expense of an appropriate government agency, the special victims' counsel shall be afforded all of the rights and privileges offered to counsel at similar courts of the United States Army and the United States Air Force.
(2)
A judge advocate certified to practice before military courts is fully certified and qualified to serve as a military judge, trial counsel, defense counsel, or special victims' counsel for the courts convened under this code, without regard to the judge advocate's licensing state.
(3)
Any counsel furnished at the expense of the United States Government or the state government shall be qualified to serve as a military judge, trial counsel, defense counsel, or special victims' counsel under this section and, if qualified, shall be exempt from any fees or additional requirements.
Amended by Act 2023, No. 322,§ 3, eff. 8/1/2023.
Amended by Act 2019, No. 211,§ 11, eff. 2/26/2019.
Amended by Act 2015, No. 1003,§ 16, eff. 7/22/2015.
Acts 1969, No. 50, § 73; A.S.A. 1947, § 11-628; Acts 1987, No. 125, § 4.
Arkansas Code of 1987 (2023) › Title 12 - LAW ENFORCEMENT, EMERGENCY MANAGEMENT, AND MILITARY AFFAIRS (§§ 12-1-101 — 12-88-109) › Subtitle 4 - MILITARY AFFAIRS (§§ 12-60-101 — 12-64-852) › Chapter 64 - MILITARY JUSTICE (§§ 12-64-101 — 12-64-852) › Subchapter 4 - COURTS-MARTIAL (§§ 12-64-401 — 12-64-414) › Section 12-64-411 - Court reporters - Interpreters

(a)
Under such rules as the Governor may prescribe, the convening authority of a general or special court-martial shall detail or employ qualified court reporters who shall record the proceedings of and testimony taken before that court.
(b)
Under like rules or regulations, the convening authority of a military court may detail or employ interpreters or other professional experts who shall interpret for and assist the court.
(c)
Under like rules or regulations, the convening authority of a general or special court-martial shall detail a military court clerk who shall serve in that role in any appeal prescribed by §
12-64-714
.
Amended by Act 2019, No. 315,§ 954, eff. 7/24/2019.
Amended by Act 2019, No. 211,§ 12, eff. 2/26/2019.
Amended by Act 2015, No. 1003,§ 17, eff. 7/22/2015.
Acts 1969, No. 50, § 74; A.S.A. 1947, § 11-629.
Arkansas Code of 1987 (2023) › Title 12 - LAW ENFORCEMENT, EMERGENCY MANAGEMENT, AND MILITARY AFFAIRS (§§ 12-1-101 — 12-88-109) › Subtitle 4 - MILITARY AFFAIRS (§§ 12-60-101 — 12-64-852) › Chapter 64 - MILITARY JUSTICE (§§ 12-64-101 — 12-64-852) › Subchapter 4 - COURTS-MARTIAL (§§ 12-64-401 — 12-64-414) › Section 12-64-412 - Marshals

(a)
The military judge of a general and special court-martial and a summary court officer may each appoint by warrant, and at any time remove, one (1) or more marshals.
(b)
Each marshal shall perform the usual duties of a similarly appointed marshal and shall execute any process, mandate, or order issued by the military judge or court or officer and perform all acts and duties imposed or authorized by this code to be performed by a sheriff, marshal, or constable.
Amended by Act 2015, No. 1003,§ 18, eff. 7/22/2015.
Acts 1969, No. 50, § 175; A.S.A. 1947, § 11-686.
Arkansas Code of 1987 (2023) › Title 12 - LAW ENFORCEMENT, EMERGENCY MANAGEMENT, AND MILITARY AFFAIRS (§§ 12-1-101 — 12-88-109) › Subtitle 4 - MILITARY AFFAIRS (§§ 12-60-101 — 12-64-852) › Chapter 64 - MILITARY JUSTICE (§§ 12-64-101 — 12-64-852) › Subchapter 4 - COURTS-MARTIAL (§§ 12-64-401 — 12-64-414) › Section 12-64-413 - Immunity of court and officers

No action or proceeding may be prosecuted against the convening authority or a member of a military court or officer or person acting under its authority or reviewing its proceedings because of the approval, imposition, or execution of any sentence or the imposition or collection of a fine or penalty, or the execution of any process or mandate of a military court.
Acts 1969, No. 50, § 172; A.S.A. 1947, § 11-683.
Arkansas Code of 1987 (2023) › Title 12 - LAW ENFORCEMENT, EMERGENCY MANAGEMENT, AND MILITARY AFFAIRS (§§ 12-1-101 — 12-88-109) › Subtitle 4 - MILITARY AFFAIRS (§§ 12-60-101 — 12-64-852) › Chapter 64 - MILITARY JUSTICE (§§ 12-64-101 — 12-64-852) › Subchapter 4 - COURTS-MARTIAL (§§ 12-64-401 — 12-64-414) › Section 12-64-414 - Absent and additional members

(a)
No member of a general or special court-martial shall be absent or excused after the accused has been arraigned except for physical disability or as a result of a challenge or by order of the convening authority for good cause.
(b)
(1)
Whenever a general court-martial is reduced below six (6) members, the trial may not proceed unless the convening authority details new members sufficient in number to provide not less than six (6) members.
(2)
When the new members have been sworn, the trial may proceed after the recorded testimony of each witness previously examined has been read to the court in the presence of the military judge, the accused, and the counsel.
(c)
(1)
Whenever a special court-martial is reduced below four (4) members, the trial may not proceed unless the convening authority details new members sufficient in number to provide not less than four (4) members.
(2)
When the new members have been sworn, the trial shall proceed as if no evidence has previously been introduced unless a verbatim record of the testimony of previously examined witnesses or a stipulation thereof is read to the court in the presence of the accused and counsel.
Amended by Act 2019, No. 211,§ 13, eff. 2/26/2019.
Acts 1969, No. 50, § 75; A.S.A. 1947, § 11-630; Acts 1987, No. 125, § 5.
Arkansas Code of 1987 (2023) › Title 12 - LAW ENFORCEMENT, EMERGENCY MANAGEMENT, AND MILITARY AFFAIRS (§§ 12-1-101 — 12-88-109) › Subtitle 4 - MILITARY AFFAIRS (§§ 12-60-101 — 12-64-852) › Chapter 64 - MILITARY JUSTICE (§§ 12-64-101 — 12-64-852) › Subchapter 5 - PROCEDURE (§§ 12-64-501 — 12-64-526) › Section 12-64-501 - Statutes of limitations

(a)
A person charged with desertion or absence without leave in time of war or with aiding the enemy or with mutiny may be tried and punished at any time without limitation.
(b)
Except as otherwise provided in this section, a person charged with an offense is not liable to be tried by court-martial if the offense was committed more than five (5) years before the receipt of sworn charges and specifications by an officer exercising court-martial jurisdiction over the command.
(c)
A person charged with an offense is not liable to be punished by nonjudicial punishment if the offense was committed more than two (2) years before the imposition of nonjudicial punishment.
(d)
Periods in which the accused was absent from territory in which the state has authority to apprehend him or her, or in the custody of civil authorities, or in the hands of the enemy, shall be excluded in computing the period of limitation prescribed in this section.
Amended by Act 2017, No. 76,§ 1, eff. 8/1/2017.
Acts 1969, No. 50, § 89; A.S.A. 1947, § 11-644.
Arkansas Code of 1987 (2023) › Title 12 - LAW ENFORCEMENT, EMERGENCY MANAGEMENT, AND MILITARY AFFAIRS (§§ 12-1-101 — 12-88-109) › Subtitle 4 - MILITARY AFFAIRS (§§ 12-60-101 — 12-64-852) › Chapter 64 - MILITARY JUSTICE (§§ 12-64-101 — 12-64-852) › Subchapter 5 - PROCEDURE (§§ 12-64-501 — 12-64-526) › Section 12-64-502 - Charges and specifications

(a)
Charges and specifications shall be signed by a person subject to this code under oath before a person authorized by this code to administer oaths and shall state:
(1)
That the signer has personal knowledge of, or has investigated the matters set forth therein; and
(2)
That they are true in fact to the best of his or her knowledge and belief.
(b)
Upon the preferring of charges:
(1)
The proper authority shall take immediate steps to determine what disposition should be made thereof in the interest of justice and discipline; and
(2)
The person accused shall be informed of the charges against him or her as soon as practicable.
Acts 1969, No. 50, § 76; A.S.A. 1947, § 11-631.
Arkansas Code of 1987 (2023) › Title 12 - LAW ENFORCEMENT, EMERGENCY MANAGEMENT, AND MILITARY AFFAIRS (§§ 12-1-101 — 12-88-109) › Subtitle 4 - MILITARY AFFAIRS (§§ 12-60-101 — 12-64-852) › Chapter 64 - MILITARY JUSTICE (§§ 12-64-101 — 12-64-852) › Subchapter 5 - PROCEDURE (§§ 12-64-501 — 12-64-526) › Section 12-64-503 - Compulsory self-incrimination prohibited

(a)
No person subject to this code may compel any person to incriminate himself or herself or to answer any question, the answer to which may tend to incriminate him or her.
(b)
No person subject to this code may interrogate or request any statement from an accused or a person suspected of an offense without first informing him or her of the nature of the accusation and advising him or her that he or she does not have to make any statement regarding the offense of which he or she is accused or suspected and that any statement made by him or her may be used as evidence against him or her in a trial by court-martial.
(c)
No person subject to this code may compel any person to make a statement or produce evidence before any military tribunal if the statement or evidence is not material to the issue and may tend to degrade him or her.
(d)
No statement obtained from any person in violation of this section or through the use of coercion, unlawful influence, or unlawful inducement may be received in evidence against him or her in a trial by court-martial.
Acts 1969, No. 50, § 77; A.S.A. 1947, § 11-632.
Arkansas Code of 1987 (2023) › Title 12 - LAW ENFORCEMENT, EMERGENCY MANAGEMENT, AND MILITARY AFFAIRS (§§ 12-1-101 — 12-88-109) › Subtitle 4 - MILITARY AFFAIRS (§§ 12-60-101 — 12-64-852) › Chapter 64 - MILITARY JUSTICE (§§ 12-64-101 — 12-64-852) › Subchapter 5 - PROCEDURE (§§ 12-64-501 — 12-64-526) › Section 12-64-504 - Investigation

(a)
A preliminary hearing shall be held in accordance with
10 U.S.C. § 832
et seq., as it existed on January 1, 2019, before the referral of charges and specifications for trial by general court-martial.
(b)
(1)
Under rules prescribed by the Governor, a preliminary hearing is not required if the accused submits a written waiver of the preliminary hearing to the convening authority and the convening authority grants the waiver.
(2)
The purpose of the preliminary hearing shall be limited to determining the following:
(A)
Whether or not the specification alleges an offense under this chapter;
(B)
Whether or not there is probable cause to believe that the accused committed the offense charged;
(C)
Whether or not the convening authority has court-martial jurisdiction over the accused and over the offense; and
(D)
A recommendation as to the disposition that should be made of the case.
(3)
The rights of the accused and the rights of the victim shall be the same as provided under
10 U.S.C. § 832
et seq., as it existed on January 1, 2019.
Amended by Act 2019, No. 211,§ 14, eff. 2/26/2019.
Acts 1969, No. 50, § 78; A.S.A. 1947, § 11-633.
Arkansas Code of 1987 (2023) › Title 12 - LAW ENFORCEMENT, EMERGENCY MANAGEMENT, AND MILITARY AFFAIRS (§§ 12-1-101 — 12-88-109) › Subtitle 4 - MILITARY AFFAIRS (§§ 12-60-101 — 12-64-852) › Chapter 64 - MILITARY JUSTICE (§§ 12-64-101 — 12-64-852) › Subchapter 5 - PROCEDURE (§§ 12-64-501 — 12-64-526) › Section 12-64-505 - Reference for trial

(a)
Before directing the trial of any charge by general court-martial, the convening authority shall refer it to the State Judge Advocate for consideration and advice.
(b)
The convening authority shall not refer a charge to a general court-martial for trial unless he or she has found that the charge alleges an offense under this code and is warranted by evidence indicated in the report of the investigation.
(c)
If the charges or specifications are not formally correct or do not conform to the substance of the evidence contained in the report of the investigating officer, formal corrections and such changes in the charges and specifications as are needed to make them conform to the evidence may be made.
Acts 1969, No. 50, § 80; A.S.A. 1947, § 11-635.
Arkansas Code of 1987 (2023) › Title 12 - LAW ENFORCEMENT, EMERGENCY MANAGEMENT, AND MILITARY AFFAIRS (§§ 12-1-101 — 12-88-109) › Subtitle 4 - MILITARY AFFAIRS (§§ 12-60-101 — 12-64-852) › Chapter 64 - MILITARY JUSTICE (§§ 12-64-101 — 12-64-852) › Subchapter 5 - PROCEDURE (§§ 12-64-501 — 12-64-526) › Section 12-64-506 - Forwarding of charges

When a person is held for trial by general court-martial, the commanding officer shall, within eight (8) days after the accused is ordered into arrest or confinement, if practicable, forward the charges, together with the investigation and allied papers, to the Governor. If that is not practicable, he or she shall report in writing to the Governor the reasons for delay.
Acts 1969, No. 50, § 79; A.S.A. 1947, § 11-634.
Arkansas Code of 1987 (2023) › Title 12 - LAW ENFORCEMENT, EMERGENCY MANAGEMENT, AND MILITARY AFFAIRS (§§ 12-1-101 — 12-88-109) › Subtitle 4 - MILITARY AFFAIRS (§§ 12-60-101 — 12-64-852) › Chapter 64 - MILITARY JUSTICE (§§ 12-64-101 — 12-64-852) › Subchapter 5 - PROCEDURE (§§ 12-64-501 — 12-64-526) › Section 12-64-507 - Service of charges

(a)
The trial counsel to whom court-martial charges are referred for trial shall cause to be served upon the accused, or the defense counsel, a copy of the charges upon which trial is to be held.
(b)
In time of peace, no person may, against his or her objection, be brought to trial before a general court-martial within a period of five (5) days after the service of the charges upon him or her or before a special court-martial within a period of three (3) days after the service of the charges upon him or her.
Amended by Act 2019, No. 211,§ 15, eff. 2/26/2019.
Acts 1969, No. 50, § 81; A.S.A. 1947, § 11-636.
Arkansas Code of 1987 (2023) › Title 12 - LAW ENFORCEMENT, EMERGENCY MANAGEMENT, AND MILITARY AFFAIRS (§§ 12-1-101 — 12-88-109) › Subtitle 4 - MILITARY AFFAIRS (§§ 12-60-101 — 12-64-852) › Chapter 64 - MILITARY JUSTICE (§§ 12-64-101 — 12-64-852) › Subchapter 5 - PROCEDURE (§§ 12-64-501 — 12-64-526) › Section 12-64-508 - Procedural rules

The procedures used by general, special, and summary courts-martial shall be similar to those established by the United States Congress for similar courts of the United States Army and United States Air Force; however, the Governor has executive authority over the military courts of the organized militia and may implement state-specific procedural rules when necessary and practical.
Amended by Act 2019, No. 211,§ 16, eff. 2/26/2019.
Amended by Act 2017, No. 75,§ 1, eff. 8/1/2017.
Amended by Act 2015, No. 1003,§ 19, eff. 7/22/2015.
Acts 1969, No. 50, § 82; A.S.A. 1947, § 11-637.
Arkansas Code of 1987 (2023) › Title 12 - LAW ENFORCEMENT, EMERGENCY MANAGEMENT, AND MILITARY AFFAIRS (§§ 12-1-101 — 12-88-109) › Subtitle 4 - MILITARY AFFAIRS (§§ 12-60-101 — 12-64-852) › Chapter 64 - MILITARY JUSTICE (§§ 12-64-101 — 12-64-852) › Subchapter 5 - PROCEDURE (§§ 12-64-501 — 12-64-526) › Section 12-64-509 - Unlawfully influencing action of court

(a)
No authority convening a general, special, or summary court-martial nor any other commanding officer or officer serving on the staff thereof may censure, reprimand, or admonish the court or any member, military judge, or counsel thereof with respect to the findings or sentence adjudged by the court or with respect to any other exercise of its or his or her functions in the conduct of the proceeding.
(b)
No person subject to this code may attempt to coerce or by any 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 or her judicial acts.
Acts 1969, No. 50, § 83; A.S.A. 1947, § 11-638; Acts 1987, No. 125, § 6; 1987 (1st Ex. Sess.), No. 30, § 1.
Arkansas Code of 1987 (2023) › Title 12 - LAW ENFORCEMENT, EMERGENCY MANAGEMENT, AND MILITARY AFFAIRS (§§ 12-1-101 — 12-88-109) › Subtitle 4 - MILITARY AFFAIRS (§§ 12-60-101 — 12-64-852) › Chapter 64 - MILITARY JUSTICE (§§ 12-64-101 — 12-64-852) › Subchapter 5 - PROCEDURE (§§ 12-64-501 — 12-64-526) › Section 12-64-510 - Duties of trial and defense counsel

(a)
The trial counsel of a general or special court-martial shall prosecute in the name of the state and shall, under the direction of the court, prepare the record of the proceedings.
(b)
The accused has the right to be represented in his or her defense before a general or special court-martial by:
(1)
Civilian counsel if provided by the accused;
(2)
Military counsel of the accused's own selection if reasonably available; or
(3)
The defense counsel detailed under this code.
(c)
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 such matters as he or she feels should be considered in behalf of the accused on review including any objection to the contents of the record which he or she considers appropriate.
(d)
(1)
An assistant trial counsel of a general court-martial may, under the direction of the trial counsel or when he or she is qualified to be a trial counsel as required by this code, perform any duty imposed by law, rule, regulation, or the custom of the service upon the trial counsel of the court.
(2)
An assistant trial counsel of a special court-martial may perform any duty of the trial counsel.
(e)
An assistant defense counsel of a general or special court-martial may, under the direction of the defense counsel or when he or she is qualified to be the defense counsel as required by this code, perform any duty imposed by law, rule, regulation, or the custom of the service upon counsel for the accused.
Amended by Act 2019, No. 315,§ 955, eff. 7/24/2019.
Amended by Act 2015, No. 1003,§ 20, eff. 7/22/2015.
Acts 1969, No. 50, § 84; A.S.A. 1947, § 11-639; Acts 1987, No. 125, § 7.
Arkansas Code of 1987 (2023) › Title 12 - LAW ENFORCEMENT, EMERGENCY MANAGEMENT, AND MILITARY AFFAIRS (§§ 12-1-101 — 12-88-109) › Subtitle 4 - MILITARY AFFAIRS (§§ 12-60-101 — 12-64-852) › Chapter 64 - MILITARY JUSTICE (§§ 12-64-101 — 12-64-852) › Subchapter 5 - PROCEDURE (§§ 12-64-501 — 12-64-526) › Section 12-64-511 - Sessions - Records of proceedings

(a)
Whenever a general or special court-martial deliberates or votes, only the members of the court may be present.
(b)
After a general court-martial has finally voted on the findings, the court may request the military judge and the reporter to put the findings in proper form; and those proceedings shall be on the record.
(c)
All other proceedings, including any consultation of the court with counsel or the military judge, shall be made a part of the record and shall be in the presence of the accused, the defense counsel, the trial counsel, and the military judge if one is assigned to the case.
Acts 1969, No. 50, § 85; A.S.A. 1947, § 11-640; Acts 1987, No. 125, § 8.
Arkansas Code of 1987 (2023) › Title 12 - LAW ENFORCEMENT, EMERGENCY MANAGEMENT, AND MILITARY AFFAIRS (§§ 12-1-101 — 12-88-109) › Subtitle 4 - MILITARY AFFAIRS (§§ 12-60-101 — 12-64-852) › Chapter 64 - MILITARY JUSTICE (§§ 12-64-101 — 12-64-852) › Subchapter 5 - PROCEDURE (§§ 12-64-501 — 12-64-526) › Section 12-64-512 - Continuances

A court-martial may, for reasonable cause, grant a continuance to any party for such time and as often as may appear to be just.
Acts 1969, No. 50, § 86; A.S.A. 1947, § 11-641.
Arkansas Code of 1987 (2023) › Title 12 - LAW ENFORCEMENT, EMERGENCY MANAGEMENT, AND MILITARY AFFAIRS (§§ 12-1-101 — 12-88-109) › Subtitle 4 - MILITARY AFFAIRS (§§ 12-60-101 — 12-64-852) › Chapter 64 - MILITARY JUSTICE (§§ 12-64-101 — 12-64-852) › Subchapter 5 - PROCEDURE (§§ 12-64-501 — 12-64-526) › Section 12-64-513 - Challenges

(a)
(1)
Members of a general or special court-martial and the military judge of a general or special court-martial may be challenged by the accused or the trial counsel for cause stated to the court.
(2)
The court shall determine the relevancy and validity of challenges for cause and may not receive a challenge to more than one (1) person at a time.
(3)
Challenges by the trial counsel shall ordinarily be presented and decided before those by the accused are offered.
(b)
Each accused and the trial counsel is entitled to one (1) peremptory challenge, but the military judge may not be challenged except for cause.
Acts 1969, No. 50, § 87; A.S.A. 1947, § 11-642; Acts 1987, No. 125, § 9.
Arkansas Code of 1987 (2023) › Title 12 - LAW ENFORCEMENT, EMERGENCY MANAGEMENT, AND MILITARY AFFAIRS (§§ 12-1-101 — 12-88-109) › Subtitle 4 - MILITARY AFFAIRS (§§ 12-60-101 — 12-64-852) › Chapter 64 - MILITARY JUSTICE (§§ 12-64-101 — 12-64-852) › Subchapter 5 - PROCEDURE (§§ 12-64-501 — 12-64-526) › Section 12-64-514 - Oaths

(a)
The military judge, interpreters, and, in general and special courts-martial, members, trial counsel, assistant trial counsel, defense counsel, assistant defense counsel, and reporters shall take an oath or affirmation in the presence of the accused to perform their duties faithfully.
(b)
Each witness before a military court shall be examined on oath or affirmation.
Acts 1969, No. 50, § 88; A.S.A. 1947, § 11-643; Acts 1987, No. 125, § 10.
Arkansas Code of 1987 (2023) › Title 12 - LAW ENFORCEMENT, EMERGENCY MANAGEMENT, AND MILITARY AFFAIRS (§§ 12-1-101 — 12-88-109) › Subtitle 4 - MILITARY AFFAIRS (§§ 12-60-101 — 12-64-852) › Chapter 64 - MILITARY JUSTICE (§§ 12-64-101 — 12-64-852) › Subchapter 5 - PROCEDURE (§§ 12-64-501 — 12-64-526) › Section 12-64-515 - Pleas of the accused

If an accused arraigned before a court-martial makes an irregular pleading, or enters a plea of guilty improvidently or through lack of understanding of its meaning and effect, or if he or she fails or refuses to plead, a plea of not guilty shall be entered in the record and the court shall proceed as though he or she had pleaded not guilty.
Acts 1969, No. 50, § 91; A.S.A. 1947, § 11-646.
Arkansas Code of 1987 (2023) › Title 12 - LAW ENFORCEMENT, EMERGENCY MANAGEMENT, AND MILITARY AFFAIRS (§§ 12-1-101 — 12-88-109) › Subtitle 4 - MILITARY AFFAIRS (§§ 12-60-101 — 12-64-852) › Chapter 64 - MILITARY JUSTICE (§§ 12-64-101 — 12-64-852) › Subchapter 5 - PROCEDURE (§§ 12-64-501 — 12-64-526) › Section 12-64-516 - Obtaining witnesses and other evidence

(a)
The trial counsel, the defense counsel, and the court-martial shall have equal opportunity to obtain witnesses and other evidence in accordance with such rules as the Governor may prescribe.
(b)
The military judge, the president of a court-martial, or a summary court officer may:
(1)
Issue a warrant for the arrest of any accused person who, having been served with a warrant and copy of the charges, disobeys a written order by the convening authority to appear before the court;
(2)
Issue subpoenas duces tecum and other subpoenas;
(3)
Enforce by attachment the attendance of witnesses and the production of books and papers; and
(4)
Sentence for refusal to be sworn or to answer as provided in actions before civil courts of the state.
(c)
Process issued in court-martial cases to compel witnesses to appear and testify and to compel the production of other evidence shall run to any part of the state.
Amended by Act 2019, No. 315,§ 956, eff. 7/24/2019.
Acts 1969, No. 50, § 92; A.S.A. 1947, § 11-647; Acts 1987, No. 125, § 11.
Arkansas Code of 1987 (2023) › Title 12 - LAW ENFORCEMENT, EMERGENCY MANAGEMENT, AND MILITARY AFFAIRS (§§ 12-1-101 — 12-88-109) › Subtitle 4 - MILITARY AFFAIRS (§§ 12-60-101 — 12-64-852) › Chapter 64 - MILITARY JUSTICE (§§ 12-64-101 — 12-64-852) › Subchapter 5 - PROCEDURE (§§ 12-64-501 — 12-64-526) › Section 12-64-517 - Depositions

(a)
(1)
At any time after charges have been signed as provided herein, any party may take oral or written depositions unless an authority competent to convene a court-martial for the trial of those charges forbids it for good cause.
(2)
If a deposition is to be taken before charges are referred for trial, such 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.
(b)
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)
Depositions may be taken before and authenticated by any military or civil officer authorized by the laws of the state or by the laws of the place where the deposition is taken to administer oaths.
(d)
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:
(1)
That the witness resides or is beyond the state in which the court-martial or court of inquiry is ordered to sit or beyond the distance of one hundred (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.
Acts 1969, No. 50, § 95; A.S.A. 1947, § 11-650.
Arkansas Code of 1987 (2023) › Title 12 - LAW ENFORCEMENT, EMERGENCY MANAGEMENT, AND MILITARY AFFAIRS (§§ 12-1-101 — 12-88-109) › Subtitle 4 - MILITARY AFFAIRS (§§ 12-60-101 — 12-64-852) › Chapter 64 - MILITARY JUSTICE (§§ 12-64-101 — 12-64-852) › Subchapter 5 - PROCEDURE (§§ 12-64-501 — 12-64-526) › Section 12-64-518 - Issuance of process, subpoenas, etc

(a)
Military courts may issue all process and mandates necessary to carry into effect the powers vested in those courts.
(b)
The courts may issue subpoenas and subpoenas duces tecum and enforce by attachment attendance of witnesses and production of books and records when the courts are sitting within the state and the witnesses, books, and records sought are also located.
(c)
Such process and mandates may be issued by summary courts-martial or the president or military judge of other military courts and may be directed to and may be executed by the marshals of the military court or any peace officer and shall be in such form as may be prescribed by rules issued under this code.
(d)
(1)
All officers to whom such process or mandates may be so directed shall execute them and make return of their acts thereunder according to the requirements of those documents.
(2)
Except as otherwise specifically provided in this code, no such officer may demand or require payment of any fee or charge for receiving, executing, or returning such a process or mandate or for any service in connection therewith.
(e)
Any sheriff, constable, jailer, marshal, or other civil officer named in this code, who shall neglect or refuse to obey, execute, or return the lawful warrant or other process of a military court or make a false return thereon, upon conviction is guilty of a Class A misdemeanor and in addition to the criminal penalties, shall forfeit fifty dollars ($50.00) for each offense or neglect of duty, the money to be recovered in a civil action against the officer and his or her official sureties by the Attorney General for the benefit of the Department of the Military Fund Account.
Amended by Act 2021, No. 472,§ 10, eff. 7/28/2021.
Amended by Act 2019, No. 315,§ 957, eff. 7/24/2019.
Amended by Act 2019, No. 910,§ 5540, eff. 7/1/2019.
Amended by Act 2017, No. 77,§ 1, eff. 8/1/2017.
Acts 1969, No. 50, §§ 169, 176; A.S.A. 1947, §§ 11-680, 11-687.
Arkansas Code of 1987 (2023) › Title 12 - LAW ENFORCEMENT, EMERGENCY MANAGEMENT, AND MILITARY AFFAIRS (§§ 12-1-101 — 12-88-109) › Subtitle 4 - MILITARY AFFAIRS (§§ 12-60-101 — 12-64-852) › Chapter 64 - MILITARY JUSTICE (§§ 12-64-101 — 12-64-852) › Subchapter 5 - PROCEDURE (§§ 12-64-501 — 12-64-526) › Section 12-64-519 - Refusal to appear or testify

Any person not subject to this code is guilty of an offense against the state and may be punished in the same manner as if committed before civil courts of the state if he or she:
(1)
Has been duly subpoenaed to appear as a witness or to produce books and reports 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)
Has been duly paid or tendered the fees and mileage of a witness at the rates allowed to witnesses attending the circuit court of the state; and
(3)
Willfully 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.
Acts 1969, No. 50, § 93; A.S.A. 1947, § 11-648.
Arkansas Code of 1987 (2023) › Title 12 - LAW ENFORCEMENT, EMERGENCY MANAGEMENT, AND MILITARY AFFAIRS (§§ 12-1-101 — 12-88-109) › Subtitle 4 - MILITARY AFFAIRS (§§ 12-60-101 — 12-64-852) › Chapter 64 - MILITARY JUSTICE (§§ 12-64-101 — 12-64-852) › Subchapter 5 - PROCEDURE (§§ 12-64-501 — 12-64-526) › Section 12-64-520 - Contempt

(a)
A military court may punish for contempt a person who uses a menacing word, sign, or gesture in its presence, or who disturbs its proceedings by riot or disorder.
(b)
The punishment may not exceed confinement for thirty (30) days or a fine of five hundred dollars ($500), or both.
Amended by Act 2017, No. 322,§ 1, eff. 8/1/2017.
Acts 1969, No. 50, § 94; A.S.A. 1947, § 11-649.
Arkansas Code of 1987 (2023) › Title 12 - LAW ENFORCEMENT, EMERGENCY MANAGEMENT, AND MILITARY AFFAIRS (§§ 12-1-101 — 12-88-109) › Subtitle 4 - MILITARY AFFAIRS (§§ 12-60-101 — 12-64-852) › Chapter 64 - MILITARY JUSTICE (§§ 12-64-101 — 12-64-852) › Subchapter 5 - PROCEDURE (§§ 12-64-501 — 12-64-526) › Section 12-64-521 - [Repealed]

Repealed by Act 2015, No. 1003,§ 21, eff. 7/22/2015.
Acts 1969, No. 50, § 96; A.S.A. 1947, § 11-651.
Arkansas Code of 1987 (2023) › Title 12 - LAW ENFORCEMENT, EMERGENCY MANAGEMENT, AND MILITARY AFFAIRS (§§ 12-1-101 — 12-88-109) › Subtitle 4 - MILITARY AFFAIRS (§§ 12-60-101 — 12-64-852) › Chapter 64 - MILITARY JUSTICE (§§ 12-64-101 — 12-64-852) › Subchapter 5 - PROCEDURE (§§ 12-64-501 — 12-64-526) › Section 12-64-522 - Votes and rulings

(a)
(1)
Voting by members of a general or special court-martial upon question of challenge or on the findings shall be by secret written ballot.
(2)
The junior member of the court shall in each case count the votes.
(3)
The count shall be checked by the president who shall forthwith announce the result of the ballot to the members of the court.
(b)
(1)
The military judge of a general or special court-martial and the president of a special court-martial without a military judge shall rule upon interlocutory questions other than challenges arising during the proceedings.
(2)
Any such ruling made by the military judge of a general or special court-martial who is a member of the bar of the state upon an interlocutory question of accused's sanity is final and constitutes the ruling of the court. However, the military judge or president may change the ruling at any time during the trial except a ruling on a motion for a finding of not guilty that was granted.
(3)
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 this code beginning with the junior in rank.
(c)
Before a vote is taken on the findings, the military judge of a general or special court-martial and the president of a special court-martial without a military judge, in the presence of the accused and counsel, shall instruct the court as to the elements of the offense and charge the court:
(1)
That the accused must be presumed to be innocent until his or her 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 or she 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; and
(4)
That the burden of proof to establish the guilt of the accused beyond reasonable doubt is upon the state.
(d)
If an accused is convicted in a general or special court-martial, the:
(1)
Military judge shall impose the sentence; and
(2)
Sentence imposed under subdivision (d)(1) of this section shall be considered the sentence of the court-martial.
Amended by Act 2023, No. 322,§ 5, eff. 8/1/2023.
Amended by Act 2023, No. 322,§ 4, eff. 8/1/2023.
Acts 1969, No. 50, § 97; A.S.A. 1947, § 11-652; Acts 1987, No. 125, § 12.
Arkansas Code of 1987 (2023) › Title 12 - LAW ENFORCEMENT, EMERGENCY MANAGEMENT, AND MILITARY AFFAIRS (§§ 12-1-101 — 12-88-109) › Subtitle 4 - MILITARY AFFAIRS (§§ 12-60-101 — 12-64-852) › Chapter 64 - MILITARY JUSTICE (§§ 12-64-101 — 12-64-852) › Subchapter 5 - PROCEDURE (§§ 12-64-501 — 12-64-526) › Section 12-64-523 - Convictions, sentences, etc. - Number of votes required

(a)
No person may be convicted of an offense except by the concurrence of three-fourths (3/4) of the members present at the time the vote is taken.
(b)
All sentences shall be determined by the concurrence of three-fourths (3/4) of the members present at the time that the vote is taken.
(c)
All other questions to be decided by the members of a general or special court-martial shall be determined by a majority vote.
(d)
(1)
A tie vote on a challenge disqualifies the member challenged.
(2)
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.
(3)
A tie vote on any other question is a determination in favor of the accused.
Amended by Act 2019, No. 211,§ 17, eff. 2/26/2019.
Acts 1969, No. 50, § 98; A.S.A. 1947, § 11-653.
Arkansas Code of 1987 (2023) › Title 12 - LAW ENFORCEMENT, EMERGENCY MANAGEMENT, AND MILITARY AFFAIRS (§§ 12-1-101 — 12-88-109) › Subtitle 4 - MILITARY AFFAIRS (§§ 12-60-101 — 12-64-852) › Chapter 64 - MILITARY JUSTICE (§§ 12-64-101 — 12-64-852) › Subchapter 5 - PROCEDURE (§§ 12-64-501 — 12-64-526) › Section 12-64-524 - Announcement of action

(a)
In all trials, whether before members or judge alone, the court-martial shall announce a finding for each charge and specification that is not dismissed or withdrawn by the prosecution to the parties as soon as the findings are determined.
(b)
In all trials the military judge shall announce a separate sentence as to confinement, fines or forfeitures, discharge or dismissal, and reprimand and reduction in rank for each charge and specification for which the accused was found guilty.
Amended by Act 2023, No. 322,§ 6, eff. 8/1/2023.
Amended by Act 2019, No. 211,§ 18, eff. 2/26/2019.
Acts 1969, No. 50, § 99; A.S.A. 1947, § 11-654.
Arkansas Code of 1987 (2023) › Title 12 - LAW ENFORCEMENT, EMERGENCY MANAGEMENT, AND MILITARY AFFAIRS (§§ 12-1-101 — 12-88-109) › Subtitle 4 - MILITARY AFFAIRS (§§ 12-60-101 — 12-64-852) › Chapter 64 - MILITARY JUSTICE (§§ 12-64-101 — 12-64-852) › Subchapter 5 - PROCEDURE (§§ 12-64-501 — 12-64-526) › Section 12-64-525 - Record of trial

(a)
Each general, special, and summary court-martial shall keep a separate record of the proceedings of the trial of each case brought before it.
(b)
The record of proceedings shall be prepared and authenticated in the same manner as similar courts of the United States Army and United States Air Force.
Amended by Act 2015, No. 1003,§ 22, eff. 7/22/2015.
Acts 1969, No. 50, § 100; A.S.A. 1947, § 11-655; Acts 1987, No. 125, § 13.
Arkansas Code of 1987 (2023) › Title 12 - LAW ENFORCEMENT, EMERGENCY MANAGEMENT, AND MILITARY AFFAIRS (§§ 12-1-101 — 12-88-109) › Subtitle 4 - MILITARY AFFAIRS (§§ 12-60-101 — 12-64-852) › Chapter 64 - MILITARY JUSTICE (§§ 12-64-101 — 12-64-852) › Subchapter 5 - PROCEDURE (§§ 12-64-501 — 12-64-526) › Section 12-64-526 - Double jeopardy

(a)
No person may without his or her consent be tried a second time in any court of the state for the same offense.
(b)
No proceeding in which an accused has been found guilty by a court-martial upon any charge or specification is a trial in the sense of this section until the finding of guilty has become final after review of the case has been fully completed.
(c)
A proceeding which, after the introduction of evidence but before a finding, is dismissed or terminated by the convening authority or on motion of the prosecution for failure of available evidence or witnesses without any fault of the accused is a trial in the sense of this section.
Acts 1969, No. 50, § 90; A.S.A. 1947, § 11-645.
Arkansas Code of 1987 (2023) › Title 12 - LAW ENFORCEMENT, EMERGENCY MANAGEMENT, AND MILITARY AFFAIRS (§§ 12-1-101 — 12-88-109) › Subtitle 4 - MILITARY AFFAIRS (§§ 12-60-101 — 12-64-852) › Chapter 64 - MILITARY JUSTICE (§§ 12-64-101 — 12-64-852) › Subchapter 6 - SENTENCING (§§ 12-64-601 — 12-64-610) › Section 12-64-601 - Cruel and unusual punishments prohibited

(a)
Punishment by flogging or by branding, marking, or tattooing on the body, or any other cruel or unusual punishment, may not be adjudged by any court-martial or inflicted upon any person subject to this code.
(b)
The use of irons, single or double, except for the purpose of safe custody, is prohibited.
Acts 1969, No. 50, § 101; A.S.A. 1947, § 11-656.
Arkansas Code of 1987 (2023) › Title 12 - LAW ENFORCEMENT, EMERGENCY MANAGEMENT, AND MILITARY AFFAIRS (§§ 12-1-101 — 12-88-109) › Subtitle 4 - MILITARY AFFAIRS (§§ 12-60-101 — 12-64-852) › Chapter 64 - MILITARY JUSTICE (§§ 12-64-101 — 12-64-852) › Subchapter 6 - SENTENCING (§§ 12-64-601 — 12-64-610) › Section 12-64-602 - Maximum limits

The punishment which a court-martial may direct for an offense may not exceed limits prescribed by this code.
Acts 1969, No. 50, § 102; A.S.A. 1947, § 11-657.
Arkansas Code of 1987 (2023) › Title 12 - LAW ENFORCEMENT, EMERGENCY MANAGEMENT, AND MILITARY AFFAIRS (§§ 12-1-101 — 12-88-109) › Subtitle 4 - MILITARY AFFAIRS (§§ 12-60-101 — 12-64-852) › Chapter 64 - MILITARY JUSTICE (§§ 12-64-101 — 12-64-852) › Subchapter 6 - SENTENCING (§§ 12-64-601 — 12-64-610) › Section 12-64-603 - Sentence of dismissal or discharge

(a)
A dishonorable discharge, bad conduct discharge, or dismissal shall not be adjudged by any court-martial unless a complete record of the proceedings and testimony before the court has been made.
(b)
No sentence of dismissal or dishonorable discharge may be executed until it is approved by the Governor or the commanding general of the organized militia.
Amended by Act 2015, No. 1003,§ 23, eff. 7/22/2015.
Acts 1969, No. 50, §§ 65, 66; A.S.A. 1947, §§ 11-620, 11-621.
Arkansas Code of 1987 (2023) › Title 12 - LAW ENFORCEMENT, EMERGENCY MANAGEMENT, AND MILITARY AFFAIRS (§§ 12-1-101 — 12-88-109) › Subtitle 4 - MILITARY AFFAIRS (§§ 12-60-101 — 12-64-852) › Chapter 64 - MILITARY JUSTICE (§§ 12-64-101 — 12-64-852) › Subchapter 6 - SENTENCING (§§ 12-64-601 — 12-64-610) › Section 12-64-604 - Effective date of sentences

(a)
(1)
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.
(2)
No forfeiture may extend to any pay or allowance accrued before that date.
(b)
(1)
Rules prescribed by the Governor may provide that sentences of confinement may not be effective or executed until approved by designated officers.
(2)
Periods during which confinement is suspended 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.
Amended by Act 2019, No. 315,§ 958, eff. 7/24/2019.
Amended by Act 2015, No. 1003,§ 24, eff. 7/22/2015.
Acts 1969, No. 50, § 103; A.S.A. 1947, § 11-658.
Arkansas Code of 1987 (2023) › Title 12 - LAW ENFORCEMENT, EMERGENCY MANAGEMENT, AND MILITARY AFFAIRS (§§ 12-1-101 — 12-88-109) › Subtitle 4 - MILITARY AFFAIRS (§§ 12-60-101 — 12-64-852) › Chapter 64 - MILITARY JUSTICE (§§ 12-64-101 — 12-64-852) › Subchapter 6 - SENTENCING (§§ 12-64-601 — 12-64-610) › Section 12-64-605 - Execution or suspension of sentence

(a)
Except as otherwise provided, a court-martial sentence, unless suspended, may be ordered executed by the convening authority when approved by the convening authority in accordance with rules prescribed by the Governor.
(b)
The convening authority shall approve the sentence or such part, amount, or commuted form of the sentence as the convening authority sees fit and may suspend the execution of the sentence.
Amended by Act 2019, No. 315,§ 959, eff. 7/24/2019.
Amended by Act 2015, No. 1003,§ 25, eff. 7/22/2015.
Acts 1969, No. 50, § 105; A.S.A. 1947, § 11-660.
Arkansas Code of 1987 (2023) › Title 12 - LAW ENFORCEMENT, EMERGENCY MANAGEMENT, AND MILITARY AFFAIRS (§§ 12-1-101 — 12-88-109) › Subtitle 4 - MILITARY AFFAIRS (§§ 12-60-101 — 12-64-852) › Chapter 64 - MILITARY JUSTICE (§§ 12-64-101 — 12-64-852) › Subchapter 6 - SENTENCING (§§ 12-64-601 — 12-64-610) › Section 12-64-606 - Execution of confinement

(a)
A sentence of confinement adjudged by a military court, whether or not the sentence includes a discharge or dismissal and whether or not the discharge or dismissal has been executed, may be carried into execution by confinement in any place of confinement under the control of any of the forces of the organized militia or in any jail, penitentiary, or prison designated for that purpose.
(b)
Persons so confined in a jail, penitentiary, or prison are subject to the same discipline and treatment as persons confined or committed to the jail, penitentiary, or prison by the courts of the state or of any political subdivision thereof.
(c)
The omission of the words "hard labor" from any sentence or punishment of a court-martial adjudging confinement does not deprive the authority executing that sentence or punishment of the power to require hard labor as a part of the punishment.
(d)
The keepers, officers, and wardens of city or county jails and of other jails, penitentiaries, or prisons designated by the Governor, or by such person as he or she may authorize shall receive persons ordered into confinement before trial and persons committed to confinement by a military court and shall confine them according to law.
Acts 1969, No. 50, § 104; A.S.A. 1947, § 11-659.
Arkansas Code of 1987 (2023) › Title 12 - LAW ENFORCEMENT, EMERGENCY MANAGEMENT, AND MILITARY AFFAIRS (§§ 12-1-101 — 12-88-109) › Subtitle 4 - MILITARY AFFAIRS (§§ 12-60-101 — 12-64-852) › Chapter 64 - MILITARY JUSTICE (§§ 12-64-101 — 12-64-852) › Subchapter 6 - SENTENCING (§§ 12-64-601 — 12-64-610) › Section 12-64-607 - Execution of process and sentence

(a)
In the organized militia not in federal service, the processes and sentences of its courts-martial when issued may be executed by the civil officers prescribed by the laws of the state.
(b)
When the sentence of a court-martial adjudges confinement and the reviewing authority has approved the sentence in whole or in part, the reviewing authority or the commanding officer for the time being, as the case may be, shall issue a warrant of commitment to the sheriff of the county in which the court-martial was held directing the sheriff to take the body of the person so sentenced and confine him or her in the county jail of the county for the period named in the sentence, as approved, or until he or she may be directed to release him or her for proper authority. The confinement shall be carried out as prescribed for confinement in jail by the code of criminal procedure of this state.
Amended by Act 2015, No. 1003,§ 26, eff. 7/22/2015.
Acts 1969, No. 50, § 168; A.S.A. 1947, § 11-679.
Arkansas Code of 1987 (2023) › Title 12 - LAW ENFORCEMENT, EMERGENCY MANAGEMENT, AND MILITARY AFFAIRS (§§ 12-1-101 — 12-88-109) › Subtitle 4 - MILITARY AFFAIRS (§§ 12-60-101 — 12-64-852) › Chapter 64 - MILITARY JUSTICE (§§ 12-64-101 — 12-64-852) › Subchapter 6 - SENTENCING (§§ 12-64-601 — 12-64-610) › Section 12-64-608 - General or special court-martial - Authorized sentence after declaration of war prior to jurisdiction of United States Code of Military Justice

A general or special court-martial convened for the trial of a person charged with committing an offense after the declaration of a war or national emergency and before the time when he or she is brought under the jurisdiction of the United States Uniform Code of Military Justice,
10 U.S.C. § 801
et seq., may, upon conviction, adjudge such punishment as may be appropriate except that it may not exceed that authorized for a similar offense by the United States Uniform Code of Military Justice.
Acts 1969, No. 50, § 67; A.S.A. 1947, § 11-622.