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

Summary

Military commissions must get at least a two‑thirds vote of the primary members who are present to convict someone, unless another rule under section 949i(b) allows a different result. For most punishments, a sentence also needs two‑thirds of the primary members who are present. To impose life in prison or more than 10 years, three‑quarters of the primary members present must agree. The death penalty has extra rules. Death can be given only if the law allows it for the crime, the government asked for death in advance, the accused was either found guilty by every primary member present or entered a guilty plea that was kept in place under section 949i(b), and every primary member present agreed to the death sentence. When death is sought, the commission must normally have at least 12 primary members. If 12 cannot reasonably serve because of physical limits or military needs, the convening authority can set a smaller number but not fewer than 9 and must file a written explanation. The members who vote on sentence can be different from those who voted on guilt if the rule in section 948m(d) is met.

Title 10, §949m

Armed Forces — Source: USLM XML via OLRC

(a)No person may be convicted by a military commission under this chapter of any offense, except as provided in section 949i(b) of this title or by concurrence of two-thirds of the primary members present at the time the vote is taken.

(b)(1)Except as provided in paragraphs (2) and (3), sentences shall be determined by a military commission by the concurrence of two-thirds of the primary members present at the time the vote is taken.

(2)No person may be sentenced to death by a military commission, except insofar as—

(A)the penalty of death has been expressly authorized under this chapter, chapter 47 of this title, or the law of war for an offense of which the accused has been found guilty;

(B)trial counsel expressly sought the penalty of death by filing an appropriate notice in advance of trial;

(C)the accused was convicted of the offense by the concurrence of all the primary members present at the time the vote is taken, or a guilty plea was accepted and not withdrawn prior to announcement of the sentence in accordance with section 949i(b) of this title; and

(D)all primary members present at the time the vote was taken on the sentence concurred in the sentence of death.

(3)No person may be sentenced to life imprisonment, or to confinement for more than 10 years, by a military commission under this chapter except by the concurrence of three-fourths of the primary members present at the time the vote is taken.

(4)The primary members present for a vote on a sentence need not be the same primary members who voted on the conviction if the requirements of section 948m(d) of this title are met.

(c)(1)Except as provided in paragraph (2), in a case in which the penalty of death is sought, the number of primary members of the military commission under this chapter shall be not less than 12 primary members.

(2)In any case described in paragraph (1) in which 12 primary members are not reasonably available for a military commission because of physical conditions or military exigencies, the convening authority shall specify a lesser number of primary members for the military commission (but not fewer than 9 primary members), and the military commission may be assembled, and the trial held, with not less than the number of primary members so specified. In any such case, the convening authority shall make a detailed written statement, to be appended to the record, stating why a greater number of primary members were not reasonably available.

Notes & Related Subsidiaries

Editorial Notes

Prior Provisions

A prior section 949m, added Pub. L. 109–366, § 3(a)(1), Oct. 17, 2006, 120 Stat. 2616, related to number of votes required for conviction and sentences and number of members required on military commission for penalty of death, prior to the general amendment of this chapter by Pub. L. 111–84.

Amendments

2013—Pub. L. 113–66, § 1031(c)(1), inserted “primary” before “members” wherever appearing. Subsec. (b)(4). Pub. L. 113–66, § 1031(c)(2), added par. (4). 2011—Subsec. (b)(2)(C). Pub. L. 112–81, § 1030(a)(1), inserted before semicolon “, or a guilty plea was accepted and not withdrawn prior to announcement of the sentence in accordance with section 949i(b) of this title”. Subsec. (b)(2)(D). Pub. L. 112–81, § 1030(a)(2), inserted “on the sentence” after “vote was taken”.

§949m Number of votes required