§820 — Title 10 Armed Forces | U.S. Code

Summary

Under section 817 (article 17), summary courts-martial can try people covered by this chapter for offenses that are not punishable by death. Officers, cadets, aviation cadets, and midshipmen cannot be tried by these courts. If an accused person objects, they cannot be tried in a summary court-martial and the case can instead go to a special or general court-martial. These courts can give punishments within limits the President sets, but never death; dismissal or a dishonorable or bad-conduct discharge; more than one month confinement; more than 45 days hard labor without confinement; more than two months restriction; or forfeiture over two‑thirds of one month’s pay. A guilty finding in a summary court-martial is not a criminal conviction.

Title 10, §820

Armed Forces — Source: USLM XML via OLRC

(a)Subject to section 817 of this title (article 17), summary courts-martial have jurisdiction to try persons subject to this chapter, except officers, cadets, aviation cadets, and midshipmen, for any noncapital offense made punishable by this chapter. No person with respect to whom summary courts-martial have jurisdiction may be brought to trial before a summary court-martial if he objects thereto. If objection to trial by summary court-martial is made by an accused, trial may be ordered by special or general court-martial as may be appropriate. Summary courts-martial may, under such limitations as the President may prescribe, adjudge any punishment not forbidden by this chapter except death, dismissal, dishonorable or bad-conduct discharge, confinement for more than one month, hard-labor without confinement for more than 45 days, restriction to specified limits for more than two months, or forfeiture of more than two-thirds of one month’s pay.

(b)A summary court-martial is a non-criminal forum. A finding of guilty at a summary court-martial does not constitute a criminal conviction.

Notes & Related Subsidiaries

Historical and Revision Notes

Revised sectionSource (U.S. Code)Source (Statutes at Large) 82050:580.May 5, 1950, ch. 169, § 1 (Art. 20), 64 Stat. 114. The word “shall” in the first sentence is omitted as surplusage. The word “may” is substituted for the word “shall” in the second sentence. The words “the provisions of” are omitted as surplusage. The word “If” is substituted for the word “Where”. The words “for more than” are substituted for the words “in excess of”. The words “more than” are substituted for the words “pay in excess of”.

Editorial Notes

Amendments

2016—Pub. L. 114–328 designated existing provisions as subsec. (a), inserted heading, and added subsec. (b). 1968—Pub. L. 90–632 substituted provisions prohibiting trial by summary court-martial in all cases if the person objects thereto for provisions allowing such trial over the person’s objection if he has previously been offered and has refused article 15 punishment.

Statutory Notes and Related Subsidiaries

Effective Date

of 2016 AmendmentAmendment by Pub. L. 114–328 effective on Jan. 1, 2019, as designated by the President, with implementing

Regulations

and provisions relating to applicability to various situations, see section 5542 of Pub. L. 114–328 and Ex. Ord. No. 13825, set out as notes under section 801 of this title.

Effective Date

of 1968 AmendmentAmendment by Pub. L. 90–632 effective first day of tenth month following October 1968, see section 4 of Pub. L. 90–632, set out as a note under section 801 of this title.

§820 Art. 20. Jurisdiction of summary courts-martial

Summary

Title 10, §820

Notes & Related Subsidiaries

Historical and Revision Notes

Editorial Notes

Amendments

Statutory Notes and Related Subsidiaries

Effective Date

Regulations

Effective Date

Citations & Metadata