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10 U.S.C. § 825a — Art. 25a. Number of court-martial members in capital cases
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.
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Stable record: federal_law:legal_authorities:record_usc_c089fffa54de3d064ff9ad95
Source file: Laws/federal/codes/united-states-code/title-10/section-825a-art-25a-number-of-court-martial-members-in-capital-cases--580ea06f84.md
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Source location: Title 10, Chapter 47, § 825a; chapter-047-uniform-code-of-military-justice.md
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**(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.
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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
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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
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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
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Federal law — U.S. Code and appendices · legal_authorities
Page 740
TITLE 10—ARMED FORCES
§ 825a
subsection (a) [amending this section] shall apply only
to a case in which arraignment is completed on or after
the effective date of this title.’’
Title VIII of Pub. L. 99–661 effective the earlier of (1)
the last day of the 120-day period beginning on Nov. 14,
1986; or (2) the date specified in an Executive order for
such amendment to take effect, see section 808 of Pub.
L. 99–661, set out as a note under section 802 of this
title.
EFFECTIVE DATE OF 1983 AMENDMENT
Amendment by section 13(c) of Pub. L. 98–209 effective
Dec. 6, 1983, and amendment by section 3(b) of Pub. L.
98–209 effective first day of eighth calendar month be-
ginning after Dec. 6, 1983, see section 12(a)(1) of Pub. L.
98–209, set out as a note under section 801 of this title.
EFFECTIVE DATE OF 1968 AMENDMENT
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.
REGULATIONS
Pub. L. 117–263, div. A, title V, § 543(c), Dec. 23, 2022,
136 Stat. 2582, provided that: ‘‘Not later than the effec-
tive date specified in subsection (b) [see Effective Date
of 2022 Amendment note above], the President shall
prescribe regulations implementing the requirement
under paragraph (4) of section 825(e) of title 10, United
States Code (article 25(e) of the Uniform Code of Mili-
tary Justice), as added by subsection (a) of this sec-
tion.’’
§ 825a. Art. 25a. Number of court-martial mem-
bers in capital cases
(a) IN GENERAL.—In a case in which the ac-
cused may be sentenced to death, the number of
members shall be 12.
(b) CASE NO LONGER CAPITAL.—Subject to sec-
tion 829 of this title (article 29)—
(1) if a case is referred for trial as a capit
Source: Supplied 2024 U.S. Code historical extraction · 10 U.S.C. § 825a
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