10 U.S.C. § 864 — Art. 64. Judge advocate review of finding of guilty in summary court-martial

submitted 70 years ago by ch. 1041 to r/title-10-ARMED-FORCES · 424 words · no verdicts yet

in plain englishAI-generated · not legal advice

This section requires written review by a judge advocate of every guilty finding in a summary court-martial. It specifies the review, record transfer, and possible actions.

(a) Under the Secretary concerned's regulations, a judge advocate must review every guilty finding, unless that judge advocate acted in the case as accuser, preliminary-hearing officer, court member, military judge, counsel, or for either side. The written review must address jurisdiction, whether the charge and specification stated an offense, legal sentence limits, every written error claim, and, when required, recommended corrective action. (b) The record and related documents go to the person with general court-martial jurisdiction, or that person's successor, when correction is recommended or regulations require it. (c)(1) That person may approve or disapprove findings or sentence, remit, commute, or suspend sentence, order a rehearing unless evidence was insufficient, or dismiss charges. (2) An impracticable rehearing requires dismissal. (3) If legally required correction is not made at least as favorably to the accused as recommended, the record goes to the Judge Advocate General under section 869.

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

(a)In General.—

Under regulations prescribed by the Secretary concerned, each summary court-martial in which there is a finding of guilty shall be reviewed by a judge advocate. A judge advocate may not review a case under this subsection if the judge advocate has acted in the same case as an accuser, preliminary hearing officer, member of the court, military judge, or counsel or has otherwise acted on behalf of the prosecution or defense. The judge advocate’s review shall be in writing and shall contain the following:

(1)

Conclusions as to whether—

(A)

the court had jurisdiction over the accused and the offense;

(B)

the charge and specification stated an offense; and

(C)

the sentence was within the limits prescribed as a matter of law.

(2)

A response to each allegation of error made in writing by the accused.

(3)

If the case is sent for action under subsection (b), a recommendation as to the appropriate action to be taken and an opinion as to whether corrective action is required as a matter of law.

(b)Record.—

The record of trial and related documents in each case reviewed under subsection (a) shall be sent for action to the person exercising general court-martial jurisdiction over the accused at the time the court was convened (or to that person’s successor in command) if—

(1)

the judge advocate who reviewed the case recommends corrective action; or

(2)

such action is otherwise required by regulations of the Secretary concerned.

(c)

(1)

The person to whom the record of trial and related documents are sent under subsection (b) may—

(A)

disapprove or approve the findings or sentence, in whole or in part;

(B)

remit, commute, or suspend the sentence in whole or in part;

(C)

except where the evidence was insufficient at the trial to support the findings, order a rehearing on the findings, on the sentence, or on both; or

(D)

dismiss the charges.

(2)

If a rehearing is ordered but the convening authority finds a rehearing impracticable, he shall dismiss the charges.

(3)

If the opinion of the judge advocate in the judge advocate’s review under subsection (a) is that corrective action is required as a matter of law and if the person required to take action under subsection (b) does not take action that is at least as favorable to the accused as that recommended by the judge advocate, the record of trial and action thereon shall be sent to the Judge Advocate General for review under section 869 of this title (article 69).

Source credit: (Aug. 10, 1956, ch. 1041, 70A Stat. 58; Pub. L. 98–209, § 7(a)(1), Dec. 6, 1983, 97 Stat. 1401; Pub. L. 114–328, div. E, title LIX, § 5328, Dec. 23, 2016, 130 Stat. 2929; Pub. L. 115–91, div. A, title X, § 1081(c)(1)(I), Dec. 12, 2017, 131 Stat. 1598.)

history & why it existsrecord from the source credit

1956Enacted · Act of Aug. 10, 1956, ch. 1041
1983Amended · Pub. L. 98-209 · 97 Stat. 1401
2016Amended · Pub. L. 114-328 · 130 Stat. 2929
2017Amended · Pub. L. 115-91 · 131 Stat. 1598

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

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