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

Summary

Gives defense lawyers in military commissions a fair chance to get witnesses and other evidence under rules the Secretary of Defense sets. That chance must be like what a criminal defendant gets in a U.S. federal court under Article III. Orders to force witnesses to appear or to produce evidence must be like those U.S. criminal courts can issue, and they can be used wherever the United States has legal authority. The government's lawyers must, as soon as possible, tell the defense about any evidence that could show the accused is not guilty or that could reduce their guilt. They must also disclose evidence that could hurt the credibility of a government witness. After a guilty finding, they must reveal evidence that could be used to lessen the sentence. This duty covers what any government official involved in the case knows or reasonably should know.

Title 10, §949j

Armed Forces — Source: USLM XML via OLRC

(a)(1)Defense counsel in a military commission under this chapter shall have a reasonable opportunity to obtain witnesses and other evidence as provided in regulations prescribed by the Secretary of Defense. The opportunity to obtain witnesses and evidence shall be comparable to the opportunity available to a criminal defendant in a court of the United States under article III of the Constitution.

(2)Process issued in military commissions under this chapter to compel witnesses to appear and testify and to compel the production of other evidence—

(A)shall be similar to that which courts of the United States having criminal jurisdiction may lawfully issue; and

(B)shall run to any place where the United States shall have jurisdiction thereof.

(b)(1)As soon as practicable, trial counsel in a military commission under this chapter shall disclose to the defense the existence of any evidence that reasonably tends to—

(A)negate the guilt of the accused of an offense charged; or

(B)reduce the degree of guilt of the accused with respect to an offense charged.

(2)The trial counsel shall, as soon as practicable, disclose to the defense the existence of evidence that reasonably tends to impeach the credibility of a witness whom the government intends to call at trial.

(3)The trial counsel shall, as soon as practicable upon a finding of guilt, disclose to the defense the existence of evidence that is not subject to paragraph (1) or paragraph (2) but that reasonably may be viewed as mitigation evidence at sentencing.

(4)The disclosure obligations under this subsection encompass evidence that is known or reasonably should be known to any government officials who participated in the investigation and prosecution of the case against the defendant.

Editorial Notes

Prior Provisions

A prior section 949j, added Pub. L. 109–366, § 3(a)(1), Oct. 17, 2006, 120 Stat. 2614, related to the opportunity to obtain witnesses and other evidence, prior to the general amendment of this chapter by Pub. L. 111–84.

§949j Opportunity to Obtain Witnesses and Other Evidence

Summary

Title 10, §949j

Notes & Related Subsidiaries

Editorial Notes

Prior Provisions

Citations & Metadata