10 U.S.C. § 841 — Art. 41. Challenges

submitted 70 years ago by ch. 1041 to r/title-10-ARMED-FORCES · 279 words · no verdicts yet

in plain englishAI-generated · not legal advice

This section sets rules for challenging members of a court-martial. It covers challenges for cause, peremptory challenges, the military judge, and challenges when additional members are added.

(a)(1) The accused or trial counsel may challenge the military judge or a member of a general or special court-martial for a stated reason. The military judge decides whether the reason is relevant and valid and may consider only one challenge at a time. Trial counsel normally presents and resolves its challenges before the accused presents theirs. (2) If a challenge for cause leaves too few members under 10 U.S.C. 816 (article 16), all parties must either make or give up any then-apparent challenge for cause against the remaining members before new members are detailed. They may not use peremptory challenges at that point. (b)(1) Each accused and the trial counsel initially may make one peremptory challenge to a member. The military judge may be challenged only for cause. (2) If a peremptory challenge leaves too few members under article 16, the parties must either make or give up any remaining peremptory challenge that was not previously waived against the remaining members before new members are detailed. (c) When new members are detailed, and after challenges for cause against them have been presented and decided, each accused and the trial counsel may make one peremptory challenge to members who have not previously been subject to a peremptory challenge.

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

(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 (article 16), all parties shall (notwithstanding section 829 of this title (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 (article 16), the parties shall (notwithstanding section 829 of this title (article 29)) either exercise or waive any remaining peremptory challenge (not previously waived) against the remaining members of the court before additional members are detailed to the court.

(c)

Whenever additional members are detailed to the court, and after any challenges for cause against such additional members are presented and decided, each accused and the trial counsel are entitled to one peremptory challenge against members not previously subject to peremptory challenge.

Source credit: (Aug. 10, 1956, ch. 1041, 70A Stat. 51; Pub. L. 90–632, § 2(17), Oct. 24, 1968, 82 Stat. 1339; Pub. L. 101–510, div. A, title V, § 541(b)–(d), Nov. 5, 1990, 104 Stat. 1565; Pub. L. 111–383, div. A, title X, § 1075(b)(13), Jan. 7, 2011, 124 Stat. 4369; Pub. L. 114–328, div. E, title LVII, § 5224, Dec. 23, 2016, 130 Stat. 2909.)

history & why it existsrecord from the source credit

1956Enacted · Act of Aug. 10, 1956, ch. 1041
1968Amended · Pub. L. 90-632 · 82 Stat. 1339
1990Amended · Pub. L. 101-510 · 104 Stat. 1565
2011Amended · Pub. L. 111-383 · 124 Stat. 4369
2016Amended · Pub. L. 114-328 · 130 Stat. 2909

A history note hasn’t been published yet. The record shows enactment by ch. 1041 on 1956-08-10.

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