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10 U.S.C. § 949fChallenges

submitted 17 years ago by Pub. L. 111-84 to r/title-10-ARMED-FORCES · 184 words · no verdicts yet

in plain englishAI-generated · not legal advice

This section sets rules about Challenges. It contains the requirements, permissions, limits, and exceptions stated in its subsections.

(a) Challenges Authorized .— The military judge and primary or alternate members of a military commission under this chapter can be challenged by the accused or trial counsel for cause stated to the military commission. The military judge must determine the relevance and validity of challenges for cause, and cannot receive a challenge to more than one person at a time. Challenges by trial counsel must ordinarily be presented and decided before those by the accused are offered. (b) Peremptory Challenges .— The accused and trial counsel are each entitled to one peremptory challenge, but the military judge cannot be challenged except for cause. Nothing in this section prohibits the military judge from awarding to each party such additional peremptory challenges as can be required in the interests of justice. (c) Challenges Against Additional Members .— Whenever additional members are detailed to a military commission under this chapter, and after any challenges for cause against such additional members are presented and decided, the accused and trial counsel are each entitled to one peremptory challenge against members not previously subject to peremptory challenge.
the actual law source: uscode.house.gov ↗public domain
(a)Challenges Authorized.—

The military judge and primary or alternate members of a military commission under this chapter may be challenged by the accused or trial counsel for cause stated to the military commission. The military judge shall determine the relevance and validity of challenges for cause, and may not receive a challenge to more than one person at a time. Challenges by trial counsel shall ordinarily be presented and decided before those by the accused are offered.

(b)Peremptory Challenges.—

The accused and trial counsel are each entitled to one peremptory challenge, but the military judge may not be challenged except for cause. Nothing in this section prohibits the military judge from awarding to each party such additional peremptory challenges as may be required in the interests of justice.

(c)Challenges Against Additional Members.—

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

Source credit: (Added Pub. L. 111–84, div. A, title XVIII, § 1802, Oct. 28, 2009, 123 Stat. 2586; amended Pub. L. 113–66, div. A, title X, § 1031(b), Dec. 26, 2013, 127 Stat. 850.)

history & why it existsrecord from the source credit
  • 2009Enacted · Pub. L. 111-84 · 123 Stat. 2586
  • 2013Amended · Pub. L. 113-66 · 127 Stat. 850

A history note hasn’t been published yet. The record shows enactment by Pub. L. 111-84 on 2009-10-28.

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