Browse Arkansas Code titles and sections
12-64-401. Classifications of courts-martial.
Arkansas Code — all titles (historical 2020) · legal_authorities
12-64-401. Classifications of courts-martial.
There shall be three (3) kinds of courts-martial in each of the forces of the organized militia, namely:
(1) General courts-martial, which shall consist of:
(A) A military judge and:
(i) Any number of members not less than eight (8); or
(ii) Six (6) or seven (7) members if after impanelment as required by subdivision (1)(A)(i) of this section there are challenges or excusals; 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) A military judge and not less than four (4) members; or
(B) Only a military judge, if one has been detailed to the court, and the accused, under the conditions prescribed in subdivision (1)(B) of this section, so requests, or if referred by the convening authority under the United States Uniform Code of Military Justice, 10 U.S.C. § 801 et seq., subject to applicable limitations; and
(3) Summary courts-martial which shall consist of one (1) officer.
Source: Arkansas Code — historical release 78 (November 6, 2020) · 12-64-401
Stored review status: Historical 2020-11-06 source release; later amendments not reconciled; machine-extracted, not independently legally reviewed; source heading status: text_in_historical_source. A text match is a research starting point; applicability is not established.
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Record provenance
Stable record: arkansas_code:legal_authorities:12-64-401
Source file: gov.ar.code.title.12.odt
Pages: Not recorded – Not recorded
Passage SHA-256: 62f710327552b022a9cda874f3f13a92edfb19890890eead3ada3375d62ca733
Source location: content.xml paragraph 18613
Stored source content
12-64-401. Classifications of courts-martial.
There shall be three (3) kinds of courts-martial in each of the forces of the organized militia, namely:
(1) General courts-martial, which shall consist of:
(A) A military judge and:
(i) Any number of members not less than eight (8); or
(ii) Six (6) or seven (7) members if after impanelment as required by subdivision (1)(A)(i) of this section there are challenges or excusals; 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) A military judge and not less than four (4) members; or
(B) Only a military judge, if one has been detailed to the court, and the accused, under the conditions prescribed in subdivision (1)(B) of this section, so requests, or if referred by the convening authority under the United States Uniform Code of Military Justice, 10 U.S.C. § 801 et seq., subject to applicable limitations; and
(3) Summary courts-martial which shall consist of one (1) officer.
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Federal law — U.S. Code and appendices · legal_authorities
In this chapter (the Uniform Code of Military Justice):
(1) The term “Judge Advocate General” means, severally, the Judge Advocates General of the Army, Navy, and Air Force and, except when the Coast Guard is operating as a service in the Navy, an official designated to serve as Judge Advocate General of the Coast Guard by the Secretary of Homeland Security.
(2) The Navy, the Marine Corps, and the Coast Guard when it is operating as a service in the Navy, shall be considered as one armed force.
(3) The term “commanding officer” includes only commissioned officers.
(4) The term “officer in charge” means a member of the Navy, the Marine Corps, or the Coast Guard designated as such by appropriate authority.
(5) The term “superior commissioned officer” means a commissioned officer superior in rank or command.
(6) The term “cadet” means a cadet of the United States Military Academy, the United States Air Force Academy, or the United States Coast Guard Academy.
(7) The term “midshipman” means a midshipman of the United States Naval Academy and any other midshipman on active duty in the naval service.
(8) The term “military” refers to any or all of the armed forces.
(9) The term “accuser” means a person who signs and swears to charges, any person who directs that charges nominally be signed and sworn to by another, and any other person who has an interest other than an official interest in the prosecution of the accused.
(10) The term “military judge” means a judge advocate designated under [section 826(c) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section826/c&num=0&edition=prelim) (article 26(c)) who is detailed under section 826(a) or [section 830a of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-
Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 801
Stored review status: release_metadata_unconfirmed. The source passage cites 10 U.S.C. § 801. This identifies an authority to review, not proof of applicability.
Federal law — U.S. Code and appendices · legal_authorities
Page 695
TITLE 10—ARMED FORCES
§ 801
authorized, under regulations and policies of the
Department of Defense and subject to subsection
(b), to wear the insignia for that higher grade
for a period of up to 14 days before assuming the
duties of a position for which the higher grade is
authorized. An officer who is so authorized to
wear the insignia of a higher grade is said to be
‘‘frocked’’ to that grade.
(b) RESTRICTIONS.—An officer may not be au-
thorized to wear the insignia for a grade as de-
scribed in subsection (a) unless—
(1) the Senate has given its advice and con-
sent to the appointment of the officer to that
grade;
(2) the officer has received orders to serve in
a position outside the military department of
that officer for which that grade is authorized;
(3) the Secretary of Defense (or a civilian of-
ficer within the Office of the Secretary of De-
fense whose appointment was made with the
advice and consent of the Senate and to whom
the Secretary delegates such approval author-
ity) has given approval for the officer to wear
the insignia for that grade before assuming
the duties of a position for which that grade is
authorized; and
(4) the Secretary of Defense has submitted
to Congress a written notification of the in-
tent to authorize the officer to wear the insig-
nia for that grade.
(c) BENEFITS NOT TO BE CONSTRUED AS ACCRU-
ING.—(1) Authority provided to an officer as de-
scribed in subsection (a) to wear the insignia of
a higher grade may not be construed as confer-
ring authority for that officer to—
(A) be paid the rate of pay provided for an
officer in that grade having the same number
of years of service as that officer; or
(B) assume any legal authority associated
with that grade.
(2) The period for which an officer wears
Source: Supplied 2024 U.S. Code historical extraction · 10 U.S.C. § 801
Stored review status: historical_2024_not_currentness_verified. The source passage cites 10 U.S.C. § 801. This identifies an authority to review, not proof of applicability.