§949l — Title 10 Armed Forces | U.S. Code

Summary

Members of a military commission must cast secret written ballots when they vote on guilt and on the sentence. The military judge must decide all legal questions during the trial, like whether evidence can be used and other legal issues. Those decisions become the commission’s ruling (except for the factual question of the accused’s mental responsibility), but the judge can change a decision at any time during the trial. Before the members vote, the judge must explain the offense and tell them four things: the accused is presumed innocent; any reasonable doubt must lead to an acquittal; if there is doubt about how serious the guilt is, choose the lesser degree with no reasonable doubt; and the United States must prove guilt beyond a reasonable doubt.

Title 10, §949l

Armed Forces — Source: USLM XML via OLRC

(a)Voting by members of a military commission under this chapter on the findings and on the sentence shall be by secret written ballot.

(b)(1)The military judge in a military commission under this chapter shall rule upon all questions of law, including the admissibility of evidence and all interlocutory questions arising during the proceedings.

(2)Any ruling made by the military judge upon a question of law or an interlocutory question (other than the factual issue of mental responsibility of the accused) is conclusive and constitutes the ruling of the military commission. However, a military judge may change such a ruling at any time during the trial.

(c)Before a vote is taken of the findings of a military commission under this chapter, the military judge shall, in the presence of the accused and counsel, instruct the members as to the elements of the offense and charge the members—

(1)that the accused must be presumed to be innocent until the accused’s guilt is established by legal and competent evidence beyond a reasonable doubt;

(2)that in the case being considered, if there is a reasonable doubt as to the guilt of the accused, the doubt must be resolved in favor of the accused and the accused must be acquitted;

(3)that, if there is reasonable doubt as to the degree of guilt, the finding must be in a lower degree as to which there is no reasonable doubt; and

(4)that the burden of proof to establish the guilt of the accused beyond a reasonable doubt is upon the United States.

Editorial Notes

Prior Provisions

A prior section 949l, added Pub. L. 109–366, § 3(a)(1), Oct. 17, 2006, 120 Stat. 2615, related to voting and rulings, prior to the general amendment of this chapter by Pub. L. 111–84.

§949l Voting and rulings

Summary

Title 10, §949l

Notes & Related Subsidiaries

Editorial Notes

Prior Provisions

Citations & Metadata