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

Summary

A person cannot be convicted in a military trial (general or special) unless one of three things happens: they plead guilty under the rule for guilty pleas, a military judge alone finds them guilty in a judge-only trial, or at least three-fourths of the members present vote to convict in a trial with members. Members decide most other issues by a simple majority. If they want to reconsider a guilty finding or reduce a sentence, fewer votes can approve that as long as those votes show the number needed for the original finding or sentence would not block it. A death sentence needs a unanimous guilty finding for a death-eligible crime and a unanimous vote to impose death. All other sentences by members need at least three-fourths concurrence.

Title 10, §852

Armed Forces — Source: USLM XML via OLRC

(a)No person may be convicted of an offense in a general or special court-martial, other than—

(1)after a plea of guilty under section 845(b) of this title (article 45(b));

(2)by a military judge in a court-martial with a military judge alone, under section 816 of this title (article 16); or

(3)in a court-martial with members under section 816 of this title (article 16), by the concurrence of at least three-fourths of the members present when the vote is taken.

(b)(1)Except as provided in subsection (a) and in paragraph (2), all matters to be decided by members of a general or special court-martial shall be determined by a majority vote, but a reconsideration of a finding of guilty or reconsideration of a sentence, with a view toward decreasing the sentence, may be made by any lesser vote which indicates that the reconsideration is not opposed by the number of votes required for that finding or sentence.

(2)A sentence of death requires (A) a unanimous finding of guilty of an offense in this chapter expressly made punishable by death and (B) a unanimous determination by the members that the sentence for that offense shall include death. All other sentences imposed by members shall be determined by the concurrence of at least three-fourths of the members present when the vote is taken.

Notes & Related Subsidiaries

Historical and Revision Notes

Revised sectionSource (U.S. Code)Source (Statutes at Large) 852(a)852(b)50:627(a).50:627(b)May 5, 1950, ch. 169, § 1 (Art. 52), 64 Stat. 125. 852(c)50:627(c). In subsections (a) and (b), the word “may” is substituted for the word “shall”. In subsection (b)(2), the words “for more than” are substituted for the words “in excess of”. In subsection (c), the word “disqualifies” is substituted for the words “shall disqualify”. The word “is” is substituted for the words “shall be” in the last two sentences.

Editorial Notes

Amendments

2016—Pub. L. 114–328 amended section generally. Prior to amendment, section consisted of subsecs. (a) to (c) relating to number of votes required for conviction of an offense for which the death penalty is mandatory, sentences, and all other questions, respectively. 1968—Subsec. (a)(2). Pub. L. 90–632, § 2(22)(A), inserted reference to the exception provided in section 845(b) of this title (article 45(b)). Subsec. (c). Pub. L. 90–632, § 2(22)(B), provided that a determination to reconsider a finding of guilty or to reconsider a sentence, with a view toward decreasing it, may be made by a vote of less than a majority vote which indicates that the reconsideration is not opposed by the number of votes required for that finding or sentence.

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.

§852 Art. 52. Votes Required for Conviction, Sentencing, and Other Matters

Summary

Title 10, §852

Notes & Related Subsidiaries

Historical and Revision Notes

Editorial Notes

Amendments

Statutory Notes and Related Subsidiaries

Effective Date

Regulations

Effective Date

Citations & Metadata