Browse Arkansas Code titles and sections
10 U.S.C. § 816 — Art. 16. Courts-martial classified
Federal law — U.S. Code and appendices · legal_authorities
**(a) In General.—** The three kinds of courts-martial in each of the armed forces are the following:
(1) General courts-martial, as described in subsection (b).
(2) Special courts-martial, as described in subsection (c).
(3) Summary courts-martial, as described in subsection (d).
**(b) General Courts-martial.—** General courts-martial are of the following three types:
(1) A general court-martial consisting of a military judge and eight members, subject to sections 825(e)(3) and 829 of this title (articles 25(e)(3) and 29).
(2) In a capital case, a general court-martial consisting of a military judge and the number of members determined under [section 825a of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section825a&num=0&edition=prelim) (article 25a), subject to sections 825(e)(3) and 829 of this title (articles 25(e)(3) and 29).
(3) A general court-martial consisting of a military judge alone, 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 of a military judge alone and the military judge approves the request.
**(c) Special Courts-martial.—** Special courts-martial are of the following two types:
(1) A special court-martial consisting of a military judge and four members, subject to sections 825(e)(3) and 829 of this title (articles 25(e)(3) and 29).
(2) A special court-martial consisting of a military judge alone—
(A) if the case is so referred, subject to [section 819 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section819&num=0&edition=prelim) (article 19) and such limitations as the President may prescribe by regulation; or
(B)
Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 816
Stored review status: release_metadata_unconfirmed. A text match is a research starting point; applicability is not established.
Original supplied file — preserved unchanged
Download original Markdown file
File SHA-256: 8ed314b7b0a542c9754d868a8b85dfc7f2ecb040dd360034f2a311cc7e6445d0. The original may include catalog metadata, neighboring provisions, or embedded records outside this collection's scope. Search shows only the selected federal record. Historical editions and unverified snapshots are not a statement of current law.
Authority boundary: historical or unconfirmed source not current law verified.
Open the recorded source website ↗
Record provenance
Stable record: federal_law:legal_authorities:record_usc_a7d580171145bfbcd853e790
Source file: Laws/federal/codes/united-states-code/title-10/section-816-art-16-courts-martial-classified--54f84490e2.md
Pages: Not recorded – Not recorded
Passage SHA-256: d90d29896df5e26f5ec1536a3ee6cb8f8798cca5173378c1d831c689195ba8c3
Source location: Title 10, Chapter 47, § 816; chapter-047-uniform-code-of-military-justice.md
Stored source content
**(a) In General.—** The three kinds of courts-martial in each of the armed forces are the following:
(1) General courts-martial, as described in subsection (b).
(2) Special courts-martial, as described in subsection (c).
(3) Summary courts-martial, as described in subsection (d).
**(b) General Courts-martial.—** General courts-martial are of the following three types:
(1) A general court-martial consisting of a military judge and eight members, subject to sections 825(e)(3) and 829 of this title (articles 25(e)(3) and 29).
(2) In a capital case, a general court-martial consisting of a military judge and the number of members determined under [section 825a of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section825a&num=0&edition=prelim) (article 25a), subject to sections 825(e)(3) and 829 of this title (articles 25(e)(3) and 29).
(3) A general court-martial consisting of a military judge alone, 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 of a military judge alone and the military judge approves the request.
**(c) Special Courts-martial.—** Special courts-martial are of the following two types:
(1) A special court-martial consisting of a military judge and four members, subject to sections 825(e)(3) and 829 of this title (articles 25(e)(3) and 29).
(2) A special court-martial consisting of a military judge alone—
(A) if the case is so referred, subject to [section 819 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section819&num=0&edition=prelim) (article 19) and such limitations as the President may prescribe by regulation; or
(B) if the case is referred under paragraph (1) and, 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 of a military judge alone and the military judge approves the request.
**(d) Summary Court-martial.—** A summary court-martial consists of one commissioned officer.
Cross-references
Connections may be documented source relationships, shared citations or nearby passages. Each explains its basis; a connection alone does not establish applicability to your situation.
Federal law — U.S. Code and appendices · legal_authorities
**(a) In General.—** Subject to [section 817 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section817&num=0&edition=prelim) (article 17), special courts-martial have jurisdiction to try persons subject to this chapter for any noncapital offense made punishable by this chapter and, under such regulations as the President may prescribe, for capital offenses. Special courts-martial may, under such limitations as the President may prescribe, adjudge any punishment not forbidden by this chapter except death, dishonorable discharge, dismissal, confinement for more than one year, hard labor without confinement for more than three months, forfeiture of pay exceeding two-thirds pay per month, or forfeiture of pay for more than one year.
**(b) Additional Limitation.—** Neither a bad-conduct discharge, nor confinement for more than six months, nor forfeiture of pay for more than six months may be adjudged if charges and specifications are referred to a special court-martial consisting of a military judge alone under [section 816(c)(2)(A) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section816/c/2/A&num=0&edition=prelim) (article 16(c)(2)(A)).
**(c) Military Magistrate.—** If charges and specifications are referred to a special court-martial consisting of a military judge alone under [section 816(c)(2)(A) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section816/c/2/A&num=0&edition=prelim) (article 16(c)(2)(A)), the military judge, with the consent of the parties, may designate a military magistrate to preside over the special court-martial.
Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 819
Stored review status: release_metadata_unconfirmed. Explicit cross-reference supplied in source Markdown; currentness and applicability require review.
Federal law — U.S. Code and appendices · legal_authorities
**(a) Assembly.—** The military judge shall announce the assembly of a general or special court-martial with members. After such a court-martial is assembled, no member may be absent, unless the member is excused—
(1) as a result of a challenge;
(2) under subsection (b)(1)(B); or
(3) by order of the military judge or the convening authority for disability or other good cause.
**(b) Impaneling.—**
(1) Under rules prescribed by the President, the military judge of a general or special court-martial with members shall—
(A) after determination of challenges, impanel the court-martial; and
(B) excuse the members who, having been assembled, are not impaneled.
(2) In a general court-martial, the military judge shall impanel—
(A) 12 members in a capital case; and
(B) eight members in a noncapital case.
(3) In a special court-martial, the military judge shall impanel four members.
**(c) Alternate Members.—** In addition to members under subsection (b), the military judge shall impanel alternate members, if the convening authority authorizes alternate members.
**(d) Detail of New Members.—**
(1) If, after members are impaneled, the membership of the court-martial is reduced to—
(A) fewer than 12 members with respect to a general court-martial in a capital case;
(B) fewer than six members with respect to a general court-martial in a noncapital case; or
(C) fewer than four members with respect to a special court-martial;
the trial may not proceed unless the convening authority details new members and, from among the members so detailed, the military judge impanels new members sufficient in number to provide the membership specified in paragraph (2).
(2) The membership referred to in paragraph (1) is as follows:
(A) 12 members with respect to a g
Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 829
Stored review status: release_metadata_unconfirmed. Explicit cross-reference supplied in source Markdown; currentness and applicability require review.
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. Explicit cross-reference supplied in source Markdown; currentness and applicability require review.
Federal law — U.S. Code and appendices · legal_authorities
**(a) In General.—** In a case in which the accused may be sentenced to death, the number of members shall be 12.
**(b) Case No Longer Capital.—** Subject to [section 829 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section829&num=0&edition=prelim) (article 29)—
(1) if a case is referred for trial as a capital case and, before the members are impaneled, the accused may no longer be sentenced to death, the number of members shall be eight; and
(2) if a case is referred for trial as a capital case and, after the members are impaneled, the accused may no longer be sentenced to death, the number of members shall remain 12.
Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 825a
Stored review status: release_metadata_unconfirmed. Explicit cross-reference supplied in source Markdown; currentness and applicability require review.
Federal law — U.S. Code and appendices · legal_authorities
**(a) Detail of Special Trial Counsel.—** Each Secretary concerned shall promulgate regulations for the detail of commissioned officers to serve as special trial counsel.
**(b) Qualifications.—** A special trial counsel shall be a commissioned officer who—
(1)
(A) is a judge advocate who is qualified under [section 806(a)(1) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section806/a/1&num=0&edition=prelim) (article 6(a)(1)); and
(B) is certified to be qualified, by reason of education, training, experience, and temperament, for duty as a special trial counsel by—
(i) the Judge Advocate General of the armed force of which the officer is a member; or
(ii) in the case of the Marine Corps, the Staff Judge Advocate to the Commandant of the Marine Corps; and
(2) in the case of a lead special trial counsel appointed pursuant to [section 1044f(a)(2) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section1044f/a/2&num=0&edition=prelim), is in a grade no lower than O–7.
**(c) Duties and Authorities.—**
(1) **In general.—** — Special trial counsel shall carry out the duties described in this chapter and any other duties prescribed by the Secretary concerned, by regulation.
(2) **Determination of covered offense; related charges.—**
(A) *Authority.—* — A special trial counsel shall have exclusive authority to determine if a reported offense is a covered offense and shall exercise authority over any such offense in accordance with this chapter. Any determination to prefer or refer charges shall not act to disqualify the special trial counsel as an accuser.
(B) *Known and related offenses.—* — If a special trial counsel determines that a reported offense is a covered offense, the spe
Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 824a
Stored review status: release_metadata_unconfirmed. Incoming connection: Explicit cross-reference supplied in source Markdown; currentness and applicability require review.
Federal law — U.S. Code and appendices · legal_authorities
**(a)** Any commissioned officer on active duty is eligible to serve on all courts-martial for the trial of any person who may lawfully be brought before such courts for trial.
**(b)** Any warrant officer on active duty is eligible to serve on general and special courts-martial for the trial of any person, other than a commissioned officer, who may lawfully be brought before such courts for trial.
**(c)**
(1) Any enlisted member on active duty is eligible to serve on a general or special court-martial for the trial of any other enlisted member.
(2) Before a court-martial with a military judge and members is assembled for trial, an enlisted member who is an accused may personally request, orally on the record or in writing, that—
(A) the membership of the court-martial be comprised entirely of officers; or
(B) enlisted members comprise at least one-third of the membership of the court-martial, regardless of whether enlisted members have been detailed to the court-martial.
(3) Except as provided in paragraph (4), after such a request, the accused may not be tried by a general or special court-martial if the membership of the court-martial is inconsistent with the request.
(4) If, because of physical conditions or military exigencies, a sufficient number of eligible officers or enlisted members, as the case may be, is not available to carry out paragraph (2), the trial may nevertheless be held. In that event, the convening authority shall make a detailed written statement of the reasons for nonavailability. The statement shall be appended to the record.
**(d)**
(1) Except as provided in paragraph (2) for capital offenses, the accused in a court-martial with a military judge and members shall be sentenced by the military judge.
(2) In a capital case, if the a
Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 825
Stored review status: release_metadata_unconfirmed. Incoming connection: Explicit cross-reference supplied in source Markdown; currentness and applicability require review.
Federal law — U.S. Code and appendices · legal_authorities
**(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
Stored review status: release_metadata_unconfirmed. Incoming connection: Explicit cross-reference supplied in source Markdown; currentness and applicability require review.
Federal law — U.S. Code and appendices · legal_authorities
**(a) In General.—** No person may be convicted of an offense in a general or special court-martial, other than—
(1) after a plea of guilty under [section 845(b) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section845/b&num=0&edition=prelim) (article 45(b));
(2) by a military judge in a court-martial with a military judge alone, under [section 816 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section816&num=0&edition=prelim) (article 16); or
(3) in a court-martial with members under [section 816 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section816&num=0&edition=prelim) (article 16), by the concurrence of at least three-fourths of the members present when the vote is taken.
**(b) Level of Concurrence Required.—**
(1) **In general.—** — Except as provided in subsection (a) and in paragraph (2), all matters to be decided by members of a general or special court-martial shall be determined by a majority vote, but a reconsideration of a finding of guilty or reconsideration of a sentence, with a view toward decreasing the sentence, 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.
(2) **Sentencing.—** — A sentence of death requires (A) a unanimous finding of guilty of an offense in this chapter expressly made punishable by death and (B) a unanimous determination by the members that the sentence for that offense shall include death. All other sentences imposed by members shall be determined by the concurrence of at least three-fourths of the members present when the vote is taken.
Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 852
Stored review status: release_metadata_unconfirmed. Incoming connection: Explicit cross-reference supplied in source Markdown; currentness and applicability require review.
Federal law — U.S. Code and appendices · legal_authorities
### Statutory Notes
Section 576, act May 5, 1950, ch. 169, § 1, 64 Stat. 113, classified types of courts-martial. See [section 816 of Title 10](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section816&num=0&edition=prelim), Armed Forces.
Section 577, act May 5, 1950, ch. 169, § 1, 64 Stat. 114, related to jurisdiction of courts-martial in general. See [section 817 of Title 10](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section817&num=0&edition=prelim).
Section 578, act May 5, 1950, ch. 169, § 1, 64 Stat. 114, related to jurisdiction of general courts-martial. See [section 818 of Title 10](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section818&num=0&edition=prelim).
Section 579, act May 5, 1950, ch. 169, § 1, 64 Stat. 114, related to jurisdiction of special courts-martial. See [section 819 of Title 10](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section819&num=0&edition=prelim).
Section 580, act May 5, 1950, ch. 169, § 1, 64 Stat. 114, related to jurisdiction of summary courts-martial. See [section 820 of Title 10](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section820&num=0&edition=prelim).
Section 581, act May 5, 1950, ch. 169, § 1, 64 Stat. 115, provided that jurisdiction of courts-martial was not exclusive. See [section 821 of Title 10](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section821&num=0&edition=prelim).
#### Effective Date of Repeal
Repeal effective Jan. 1, 1957, see act Aug. 10, 1956, ch. 1041, § 53 footnote, 70A Stat. 680.
Source: Supplied U.S. Code snapshot — release unconfirmed · 50 U.S.C. § 576 to 581
Stored review status: release_metadata_unconfirmed. Incoming connection: Explicit cross-reference supplied in source Markdown; currentness and applicability require review.
Federal law — U.S. Code and appendices · legal_authorities
Page 731
TITLE 10—ARMED FORCES
§ 816
EFFECTIVE DATE OF 1968 AMENDMENT
Amendment by Pub. L. 90–623 intended to restate
without substantive change the law in effect on Oct. 22,
1968, see section 6 of Pub. L. 90–623, set out as a note
under section 5334 of Title 5, Government Organization
and Employees.
EFFECTIVE DATE OF 1962 AMENDMENT
Pub. L. 87–648, § 2, Sept. 7, 1962, 76 Stat. 450, provided
that: ‘‘This Act [amending this section] becomes effec-
tive on the first day of the fifth month following the
month in which it is enacted [September 1962].’’
SUBCHAPTER IV—COURT-MARTIAL
JURISDICTION
Sec.
Art.
816.
16. Courts-martial classified.
817.
17. Jurisdiction of courts-martial in general.
818.
18. Jurisdiction of general courts-martial.
819.
19. Jurisdiction of special courts-martial.
820.
20. Jurisdiction of summary courts-martial.
821.
21. Jurisdiction of courts-martial not exclu-
sive.
§ 816. Art. 16. Courts-martial classified
(a) IN GENERAL.—The three kinds of courts-
martial in each of the armed forces are the fol-
lowing:
(1) General courts-martial, as described in
subsection (b).
(2) Special courts-martial, as described in
subsection (c).
(3) Summary courts-martial, as described in
subsection (d).
(b)
GENERAL
COURTS-MARTIAL.—General
courts-martial are of the following three types:
(1) A general court-martial consisting of a
military judge and eight members, subject to
sections 825(e)(3) and 829 of this title (articles
25(e)(3) and 29).
(2) In a capital case, a general court-martial
consisting of a military judge and the number
of members determined under section 825a of
this title (article 25a), subject to sections
825(e)(3) and 829 of this title (articles 25(e)(3)
and 29).
(3) A general court-martial consisting of a
milita
Source: Supplied 2024 U.S. Code historical extraction · 10 U.S.C. § 816
Stored review status: historical_2024_not_currentness_verified. Same stored citation; legal effect and authority still require review.