ALLcrimesfood&drugstaxestelecomcommercehealthconservationtransportationagricultureveteransbrowse all titles »
0

10 U.S.C. § 854Art. 54. Record of trial

submitted 70 years ago by ch. 1041 to r/title-10-ARMED-FORCES · 276 words · no verdicts yet

in plain englishAI-generated · not legal advice

Courts-martial must keep certified records of their proceedings. Certain serious cases require complete records, and copies must be provided to the accused and, in specified cases, to a testifying victim.

(a) General and special courts-martial. Each must keep a separate record for each case. A court reporter must certify it, unless the reporter is dead, disabled, or absent; then an official selected under the President's regulations must certify it. (b) Summary courts-martial. Each must keep a separate record for each case, certified in the manner required by the President's regulations. (c) Contents. (1) Except as paragraph (2) requires, the record must contain what the President prescribes by regulation. (2) Under the President's regulations, a complete record of the proceedings and testimony must be prepared when the sentence is death, dismissal, discharge, confinement for more than six months, or forfeiture of pay for more than six months. (d) Copy to accused. A copy of every general or special court-martial record must be given to the accused as soon as it is certified. (e) Copy to victim. In a general or special court-martial, a victim who asks for it must receive, without charge and as soon as certified, every prepared record if the victim testified. The victim must be told about this opportunity.
the actual law source: uscode.house.gov ↗public domain
(a)General and Special Courts-martial.—

Each general or special court-martial shall keep a separate record of the proceedings in each case brought before it. The record shall be certified by a court-reporter, except that in the case of death, disability, or absence of a court reporter, the record shall be certified by an official selected as the President may prescribe by regulation.

(b)Summary Courts-martial.—

Each summary court-martial shall keep a separate record of the proceedings in each case, and the record shall be certified in the manner required by such regulations as the President may prescribe.

(c)Contents of Record.—
(1)

Except as provided in paragraph (2), the record shall contain such matters as the President may prescribe by regulation.

(2)

In accordance with regulations prescribed by the President, a complete record of proceedings and testimony shall be prepared in any case of a sentence of death, dismissal, discharge, confinement for more than six months, or forfeiture of pay for more than six months.

(d)Copy to Accused.—

A copy of the record of the proceedings of each general and special court-martial shall be given to the accused as soon as it is certified.

(e)Copy to Victim.—

In the case of a general or special court-martial, upon request, a copy of all prepared records of the proceedings of the court-martial shall be given to the victim of the offense if the victim testified during the proceedings. The records of the proceedings shall be provided without charge and as soon as the records are certified. The victim shall be notified of the opportunity to receive the records of the proceedings.

Source credit: (Aug. 10, 1956, ch. 1041, 70A Stat. 56; Pub. L. 90–632, § 2(23), Oct. 24, 1968, 82 Stat. 1340; Pub. L. 98–209, § 6(c), Dec. 6, 1983, 97 Stat. 1400; Pub. L. 106–398, § 1 [[div. A], title V, § 555(a)], Oct. 30, 2000, 114 Stat. 1654, 1654A–127; Pub. L. 112–81, div. A, title V, § 586(e), Dec. 31, 2011, 125 Stat. 1435; Pub. L. 114–328, div. E, title LVII, § 5238, Dec. 23, 2016, 130 Stat. 2918.)

history & why it existsrecord from the source credit
  • 1956Enacted · Act of Aug. 10, 1956, ch. 1041
  • 1968Amended · Pub. L. 90-632 · 82 Stat. 1340
  • 1983Amended · Pub. L. 98-209 · 97 Stat. 1400
  • 2000Amended · Pub. L. 106-398 · 114 Stat. 1654, 1654
  • 2011Amended · Pub. L. 112-81 · 125 Stat. 1435
  • 2016Amended · Pub. L. 114-328 · 130 Stat. 2918

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

all 0 arguments · sorted by: best

0/280

no arguments yet — make the first case