United States Code (Last Updated: May 24, 2014) |
Title 10. ARMED FORCES |
SubTitle A. General Military Law |
Part II. PERSONNEL |
Chapter 47. UNIFORM CODE OF MILITARY JUSTICE |
SubChapter IV. COURT-MARTIAL JURISDICTION |
§ 816. Art. 16. Courts-martial classified
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The three kinds of courts-martial in each of the armed forces are— (1) general courts-martial, consisting of— (A) a military judge and not less than five members or, in a case in which the accused may be sentenced to a penalty of death, the number of members determined under section 825a of this title (article 25a); or (B) only a military judge, if before the court is assembled the accused, knowing the identity of the military judge and after consultation with defense counsel, requests orally on the record or in writing a court composed only of a military judge and the military judge approves; (2) special courts-martial, consisting of— (A) not less than three members; or (B) a military judge and not less than three members; or (C) only a military judge, if one has been detailed to the court, and the accused under the same conditions as those prescribed in clause (1)(B) so requests; and (3) summary courts-martial, consisting of one commissioned officer.
Historical And Revision
Historical and Revision Notes | ||
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Revised section | Source (U.S. Code) | Source (Statutes at Large) |
816 | 50:576. | May 5, 1950, ch. 169, § 1 (Art. 16), 64 Stat. 113. |
The word “The” is substituted for the words “There shall be”. The word “are” is substituted for the word “namely”. The words “not less than five members” are substituted for the words “any number of members not less than five”. The words “not less than three members” are substituted for the words “any number of members not less than three”. The word “commissioned” is inserted before the word “officer” in clause (3) for clarity.
Amendments
2001—Par. (1)(A). Pub. L. 107–107 inserted “or, in a case in which the accused may be sentenced to a penalty of death, the number of members determined under section 825a of this title (article 25a)” after “five members”.
1983—Par. (1)(B). Pub. L. 98–209 substituted “orally on the record or in writing” for “in writing”.
1968—Pub. L. 90–632 provided that a general or special court-martial shall consist of only a military judge if the accused, before the court is assembled, so requests in writing and the military judge approves, with the added requirements that the accused know the identity of the military judge and have the advice of counsel, and that the election be available in the case of a special court-martial only if a military judge has been detailed to the court.
Effective Date Of Amendment
Pub. L. 107–107, div. A, title V, § 582(d),
Amendment by Pub. L. 98–209 effective first day of eighth calendar month beginning after
Amendment by Pub. L. 90–632 effective first day of tenth month following October 1968, see section 4 of Pub. L. 90–632, set out as a note under section 801 of this title.