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10 U.S.C. § 844 — Art. 44. Former jeopardy

Federal law — U.S. Code and appendices · legal_authorities

10 U.S.C. § 844 — Art. 44. Former jeopardy

**(a)** No person may, without his consent, be tried a second time 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 article until the finding of guilty has become final after review of the case has been fully completed. **(c)** (1) A court-martial with a military judge alone is a trial in the sense of this section (article) if, without fault of the accused— (A) after introduction of evidence; and (B) before announcement of findings under [section 853 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section853&num=0&edition=prelim) (article 53); (2) A court-martial with a military judge and members is a trial in the sense of this section (article) if, without fault of the accused— (A) after the members, having taken an oath as members under [section 842 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section842&num=0&edition=prelim) (article 42) and after completion of challenges under [section 841 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section841&num=0&edition=prelim) (article 41), are impaneled; and (B) before announcement of findings under [section 853 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section853&num=0&edition=prelim) (article 53); the case is dismissed or terminated by the convening authority or the special trial counsel or on motion of the prosecution for failure of available evidence or witnesses.

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Source file: Laws/federal/codes/united-states-code/title-10/section-844-art-44-former-jeopardy--45fb17a191.md
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Source location: Title 10, Chapter 47, § 844; chapter-047-uniform-code-of-military-justice.md

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Federal law — U.S. Code and appendices · legal_authorities

10 U.S.C. § 841 — Art. 41. Challenges

**(a)** (1) The military judge and members of a general or special court-martial may be challenged by the accused or the trial counsel for cause stated to the court. The military judge shall determine the relevancy and validity of challenges for cause, and may not receive a challenge to more than one person at a time. Challenges by the trial counsel shall ordinarily be presented and decided before those by the accused are offered. (2) If exercise of a challenge for cause reduces the court below the number of members required by [section 816 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section816&num=0&edition=prelim) (article 16), all parties shall (notwithstanding [section 829 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section829&num=0&edition=prelim) (article 29)) either exercise or waive any challenge for cause then apparent against the remaining members of the court before additional members are detailed to the court. However, peremptory challenges shall not be exercised at that time. **(b)** (1) Each accused and the trial counsel are entitled initially to one peremptory challenge of members of the court. The military judge may not be challenged except for cause. (2) If exercise of a peremptory challenge reduces the court below the number of members required by [section 816 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section816&num=0&edition=prelim) (article 16), the parties shall (notwithstanding [section 829 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section829&num=0&edition=prelim) (article 29)) either exercise or waive any remaining peremptory challenge (not previously waived) against the remaining

Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 841

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Federal law — U.S. Code and appendices · legal_authorities

10 U.S.C. § 842 — Art. 42. Oaths

**(a)** Before performing their respective duties, military judges, members of general and special courts-martial, trial counsel, assistant trial counsel, defense counsel, assistant or associate defense counsel, reporters, and interpreters shall take an oath to perform their duties faithfully. The form of the oath, the time and place of the taking thereof, the manner of recording the same, and whether the oath shall be taken for all cases in which these duties are to be performed or for a particular case, shall be as prescribed in regulations of the Secretary concerned. These regulations may provide that an oath to perform faithfully duties as a military judge, trial counsel, assistant trial counsel, defense counsel, or assistant or associate defense counsel may be taken at any time by any judge advocate or other person certified to be qualified or competent for the duty, and if such an oath is taken it need not again be taken at the time the judge advocate or other person is detailed to that duty. **(b)** Each witness before a court-martial shall be examined on oath.

Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 842

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Federal law — U.S. Code and appendices · legal_authorities

10 U.S.C. § 801 — Article 1. Definitions

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

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Federal law — U.S. Code and appendices · legal_authorities

10 U.S.C. § 853 — Art. 53. Findings and sentencing

**(a) Announcement.—** A court-martial shall announce its findings and sentence to the parties as soon as determined. **(b) Sentencing Generally.—** (1) **General and special courts-martial.—** — Except as provided in subsection (c) for capital offenses, if the accused is convicted of an offense in a trial by general or special court-martial, the military judge shall sentence the accused. The sentence determined by the military judge constitutes the sentence of the court-martial. (2) **Summary courts-martial.—** — If the accused is convicted of an offense in a trial by summary court-martial, the court-martial shall sentence the accused. **(c) Sentencing for Capital Offenses.—** (1) **In general.—** — In a capital case, if the accused is convicted of an offense for which the court-martial may sentence the accused to death— (A) the members shall determine— (i) whether the sentence for that offense shall be death or life in prison without eligibility for parole; or (ii) whether the matter shall be returned to the military judge for determination of a lesser punishment; and (B) the military judge shall sentence the accused for that offense in accordance with the determination of the members under subparagraph (A). (2) **Lesser authorized punishments.—** — In accordance with regulations prescribed by the President, the military judge may include in any sentence to death or life in prison without eligibility for parole other lesser punishments authorized under this chapter. (3) **Other non-capital offenses.—** — In a capital case, if the accused is convicted of a non-capital offense, the accused shall be sentenced for such non-capital offense in accordance with subsection (b), regardless of whether the accused is convicted of an offense for which the co

Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 853

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Federal law — U.S. Code and appendices · legal_authorities

10 U.S.C. § 862 — Art. 62. Appeal by the United States

**(a)** (1) In a trial by general or special court-martial, or in a pretrial proceeding under [section 830a of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section830a&num=0&edition=prelim) (article 30a), the United States may appeal the following: (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 United States to prevent the disclosure of classified information. (F) A refusal by the military judge to enforce an order described in subparagraph (E) that has previously been issued by appropriate authority. (G) An order or ruling of the military judge entering a finding of not guilty with respect to a charge or specification following the return of a finding of guilty by the members. (2) (A) 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. (B) An appeal of an order or ruling may not be taken when prohibited by [section 844 of this title](https://uscode.house.gov/view.xhtml?r

Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 862

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Federal law — U.S. Code and appendices · legal_authorities

10 U.S.C. § 865 — Art. 65. Transmittal and review of records

**(a) Transmittal of Records.—** (1) **Finding of guilty in general or special court-martial.—** — If the judgment of a general or special court-martial entered under [section 860c of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section860c&num=0&edition=prelim) (article 60c) includes a finding of guilty, the record shall be transmitted to the Judge Advocate General. (2) **Other cases.—** — In all other cases, records of trial by court-martial and related documents shall be transmitted and disposed of as the Secretary concerned may prescribe by regulation. **(b) Cases for Direct Appeal.—** (1) **Automatic review.—** — If the judgment includes a sentence of death, dismissal of a commissioned officer, cadet, or midshipman, dishonorable discharge or bad-conduct discharge, or confinement for 2 years or more, the Judge Advocate General shall forward— (A) the record of trial to the Court of Criminal Appeals for review under [section 866(b)(3) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section866/b/3&num=0&edition=prelim) (article 66(b)(3)); and (B) a copy of the record of trial to an appellate defense counsel who shall be detailed to review the case and, upon request of the accused, to represent the accused before the Court of Criminal Appeals. (2) **Cases eligible for direct appeal review.—** (A) *In general.—* — If the case is eligible for direct review under [section 866(b)(1) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section866/b/1&num=0&edition=prelim) (article 66(b)(1)), the Judge Advocate General shall, upon written request of the accused— (i) forward a copy of the record of trial to an appellate defense counsel who shall be detailed

Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 865

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Federal law — U.S. Code and appendices · legal_authorities

10 U.S.C. § 866 — Art. 66. Courts of Criminal Appeals

**(a) Courts of Criminal Appeals.—** (1) **In general.—** — Each Judge Advocate General shall establish a Court of Criminal Appeals which shall be composed of one or more panels, and each such panel shall be composed of not less than three appellate military judges. For the purpose of reviewing court-martial cases, the court may sit in panels or as a whole in accordance with rules prescribed under subsection (h). Any decision of a panel may be reconsidered by the court sitting as a whole in accordance with such rules. Appellate military judges who are assigned to a Court of Criminal Appeals may be commissioned officers or civilians, each of whom must be a member of a bar of a Federal court or of the highest court of a State and must be certified by the Judge Advocate General as qualified, by reason of education, training, experience, and judicial temperament, for duty as an appellate military judge. The Judge Advocate General shall designate as chief judge one of the appellate military judges of the Court of Criminal Appeals established by him. The chief judge shall determine on which panels of the court the appellate judges assigned to the court will serve and which military judge assigned to the court will act as the senior judge on each panel. In accordance with regulations prescribed by the President, assignments of appellate military judges under this section (article) shall be for appropriate minimum periods, subject to such exceptions as may be authorized in the regulations. (2) **Additional qualifications.—** — In addition to any other qualifications specified in paragraph (1), any commissioned officer or civilian assigned as an appellate military judge to a Court of Criminal Appeals shall have not fewer than 12 years of experience in the practice of law befor

Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 866

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Federal law — U.S. Code and appendices · legal_authorities

10 U.S.C. § 869 — Art. 69. Review by Judge Advocate General

**(a) In General.—** Upon application by the accused or receipt of the record pursuant to [section 864(c)(3) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section864/c/3&num=0&edition=prelim) (article 64(c)(3)) and subject to subsections (b), (c), and (d), the Judge Advocate General may— (1) with respect to a summary court-martial, modify or set aside, in whole or in part, the findings and sentence; or (2) with respect to a general or special court-martial, order such court-martial to be reviewed under [section 866 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section866&num=0&edition=prelim) (article 66). **(b) Timing.—** (1) To qualify for consideration, an application under subsection (a) must be submitted to the Judge Advocate General not later than— (A) for a summary court-martial, one year after the date of completion of review under [section 864 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section864&num=0&edition=prelim) (article 64); or (B) for a general or special court-martial, one year after the end of the 90-day period beginning on the date the accused is provided notice of appellate rights under [section 865(c) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section865/c&num=0&edition=prelim) (article 65(c)), unless the accused submitted a waiver or withdrawal of appellate review under [section 861 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section861&num=0&edition=prelim) (article 61) before being provided notice of appellate rights, in which case the application must be submitted to the Judge Advocate General not later than one year after the entry of judg

Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 869

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Federal law — U.S. Code and appendices · legal_authorities

50 U.S.C. § 611 to 629 — Repealed. Aug. 10, 1956, ch. 1041, § 53, 70A Stat. 641

### Statutory Notes Section 611, act May 5, 1950, ch. 169, § 1, 64 Stat. 120, authorized President to prescribe rules. See [section 836 of Title 10](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section836&num=0&edition=prelim), Armed Forces. Section 612, act May 5, 1950, ch. 169, § 1, 64 Stat. 120, related to unlawfully influencing action of court. See [section 837 of Title 10](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section837&num=0&edition=prelim). Section 613, act May 5, 1950, ch. 169, § 1, 64 Stat. 120, provided for duties of trial counsel and defense counsel. See [section 838 of Title 10](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section838&num=0&edition=prelim). Section 614, act May 5, 1950, ch. 169, § 1, 64 Stat. 121, related to sessions of the courts-martial. See [section 839 of Title 10](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section839&num=0&edition=prelim). Section 615, act May 5, 1950, ch. 169, § 1, 64 Stat. 121, provided for continuances. See [section 840 of Title 10](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section840&num=0&edition=prelim). Section 616, act May 5, 1950, ch. 169, § 1, 64 Stat. 121, provided for challenges. See [section 841 of Title 10](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section841&num=0&edition=prelim). Section 617, act May 5, 1950, ch. 169, § 1, 64 Stat. 121, related to oaths. See [section 842 of Title 10](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section842&num=0&edition=prelim). Section 618, act May 5, 1950, ch. 169, § 1, 64 Stat. 121, related to statutes of limitation. See [section 843 of Title 10](https://uscode.house.gov/view.xhtml

Source: Supplied U.S. Code snapshot — release unconfirmed · 50 U.S.C. § 611 to 629

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Federal law — U.S. Code and appendices · legal_authorities

10 U.S.C. § 844 — Art. 44. Former jeopardy

Page 761 TITLE 10—ARMED FORCES § 845 under section 5542(a) of the Military Justice Act of 2016 (division E of Public Law 114–328; 130 Stat. 2967) [10 U.S.C. 801 note], subsection (b)(2)(B) of section 843 of title 10, United States Code (article 43 of the Uniform Code of Military Justice), shall be applied as in effect on December 22, 2016. ‘‘(3) FRAUDULENT ENLISTMENT OR APPOINTMENT OF- FENSES.—With respect to the period beginning on De- cember 23, 2016, and ending on the day before the date designated by the President under section 5542(a) of the Military Justice Act of 2016 (division E of Public Law 114–328; 130 Stat. 2967), in the application of subsection (h) of section 843 of title 10, United States Code (article 43 of the Uniform Code of Military Justice), as added by section 5225(b) of that Act (130 Stat. 2909), the reference in such subsection (h) to section 904a(1) of title 10, United States Code (article 104a(1) of the Uniform Code of Military Justice), shall be deemed to be a reference to section 883(1) of title 10, United States Code (article 83(1) of the Uniform Code of Military Justice).’’ § 844. Art. 44. Former jeopardy (a) No person may, without his consent, be tried a second time 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 article until the finding of guilty has be- come final after review of the case has been fully completed. (c)(1) A court-martial with a military judge alone is a trial in the sense of this section (arti- cle) if, without fault of the accused— (A) after introduction of evidence; and (B) before announcement of findings under section 853 of this title (article 53); the case is dismissed or t

Source: Supplied 2024 U.S. Code historical extraction · 10 U.S.C. § 844

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