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

Summary

A person cannot be tried twice for the same crime unless they agree. A guilty result from a court-martial does not count as final for that protection until the case’s full review is finished. A court-martial counts as a trial for this rule in two ways: if a military judge alone has heard evidence and the judge has not yet announced findings, or if a judge and members have been sworn in and challenges finished and the members have been seated, but findings have not yet been announced — as long as none of that happened because of the accused’s fault.

Title 10, §844

Armed Forces — Source: USLM XML via OLRC

(a)No person may, without his consent, be tried a second time for the same offense.

(b)No proceeding in which an accused has been found guilty by a court-martial upon any charge or specification is a trial in the sense of this article until the finding of guilty has become final after review of the case has been fully completed.

(c)(1)A court-martial with a military judge alone is a trial in the sense of this section (article) if, without fault of the accused—

(A)after introduction of evidence; and

(B)before announcement of findings under section 853 of this title (article 53);

(2)A court-martial with a military judge and members is a trial in the sense of this section (article) if, without fault of the accused—

(A)after the members, having taken an oath as members under section 842 of this title (article 42) and after completion of challenges under section 841 of this title (article 41), are impaneled; and

(B)before announcement of findings under section 853 of this title (article 53);

Notes & Related Subsidiaries

Historical and Revision Notes

Revised sectionSource (U.S. Code)Source (Statutes at Large) 844(a)844(b)844(c)50:619(a).50:619(b).50:619(c).May 5, 1950, ch. 169, § 1 (Art. 44), 64 Stat. 122. In subsection (a), the word “may” is substituted for the word “shall”. In subsection (b), the word “is” is substituted for the words “shall be held to be”. In subsection (c), the word “after” is substituted for the words “subsequent to”. The word “before” is substituted for the words “prior to”. The word “is” is substituted for the words “shall be”.

Editorial Notes

Amendments

2021—Subsec. (c). Pub. L. 117–81 inserted “or the special trial counsel” after “the convening authority” in two places. 2016—Subsec. (c). Pub. L. 114–328 amended subsec. (c) generally. Prior to amendment, subsec. (c) read as follows: “A proceeding which, after the introduction of evidence but before a finding, is dismissed or terminated by the convening authority or on motion of the prosecution for failure of available evidence or witnesses without any fault of the accused is a trial in the sense of this article.”

Statutory Notes and Related Subsidiaries

Effective Date

of 2021 AmendmentAmendment by Pub. L. 117–81 effective on the date that is two years after Dec. 27, 2021, and applicable with respect to offenses that occur after that date, with provisions for delayed effect and applicability if

Regulations

are not prescribed by the President before the date that is two years after Dec. 27, 2021, see section 539C of Pub. L. 117–81, set out as a note under section 801 of this title.

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.

§844 Art. 44. Former jeopardy

Summary

Title 10, §844

Notes & Related Subsidiaries

Historical and Revision Notes

Editorial Notes

Amendments

Statutory Notes and Related Subsidiaries

Effective Date

Regulations

Effective Date

Regulations

Citations & Metadata