10 U.S.C. § 949l: Voting and rulings

Summary

Members must vote by secret written ballot when deciding guilt and punishment. The commission’s judge decides all legal questions, like what evidence can be used and other issues that come up during the trial. Those legal rulings are final and count as the commission’s decisions, except for factual questions about the accused’s mental responsibility. The judge can still change a ruling at any time during the trial. Before any vote, the judge must tell the members, with the accused and lawyers present, what must be proved for the crime. The judge must say the accused is presumed innocent, any reasonable doubt must lead to acquittal, doubt about how guilty someone is means pick the lesser degree without doubt, and the United States must prove guilt beyond a reasonable doubt.

Title 10, §949l

Armed Forces, Source: USLM XML via OLRC

(a)Vote by Secret Written Ballot.—

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

(b)Rulings.—

(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)Instructions Prior to Vote.—

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