10 U.S.C. § 825a — Art. 25a. Number of court-martial members in capital cases

submitted 25 years ago by Pub. L. 107-107 to r/title-10-ARMED-FORCES · 107 words · no verdicts yet

in plain englishAI-generated · not legal advice

A capital court-martial has 12 members. If a case stops being capital before members are impaneled, it has eight members; if that happens after impaneling, it keeps 12 members.

(a) In General. If the accused may be sentenced to death, the court has 12 members. (b) Case No Longer Capital. Subject to section 829 (article 29), a capital case referred for trial has eight members if it ceases to be capital before impaneling. If it ceases to be capital after impaneling, it continues to have 12 members.

the actual law source: uscode.house.gov ↗public domain

(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 (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 credit: (Added Pub. L. 107–107, div. A, title V, § 582(b)(1), Dec. 28, 2001, 115 Stat. 1124; amended Pub. L. 114–328, div. E, title LV, § 5183, Dec. 23, 2016, 130 Stat. 2900.)

history & why it existsrecord from the source credit

2001Enacted · Pub. L. 107-107 · 115 Stat. 1124
2016Amended · Pub. L. 114-328 · 130 Stat. 2900

A history note hasn’t been published yet. The record shows enactment by Pub. L. 107-107 on 2001-12-28.

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