10 U.S.C. § 950i: Execution of sentence…

Summary

The Secretary of Defense may carry out sentences from military commissions and set the procedures to do so. If a sentence includes death, no part of that death sentence may be carried out until the President approves it. The President may reduce, cancel, or pause the death sentence. A death sentence also cannot be carried out until the courts finish deciding whether the trial and appeals were legal. A judgment is final when the United States Court of Military Commission Review finishes and either the time to ask the United States Court of Appeals for the District of Columbia Circuit has passed with no appeal, or the D.C. Circuit and, if needed, the Supreme Court finish or deny review. The Secretary of Defense, or the official who referred the case if that person is not the Secretary, may pause any sentence or part of a sentence except a death sentence.

Title 10, §950i

Armed Forces, Source: USLM XML via OLRC

(a)In General.—

The Secretary of Defense is authorized to carry out a sentence imposed by a military commission under this chapter in accordance with such procedures as the Secretary may prescribe.

(b)Execution of Sentence of Death Only Upon Approval by the President.—

If the sentence of a military commission under this chapter extends to death, that part of the sentence providing for death may not be executed until approved by the President. In such a case, the President may commute, remit, or suspend the sentence, or any part thereof, as he sees fit.

(c)Execution of Sentence of Death Only Upon Final Judgment of Legality of Proceedings.—

(1)If the sentence of a military commission under this chapter extends to death, the sentence may not be executed until there is a final judgment as to the legality of the proceedings (and with respect to death, approval under subsection (b)).

(2)A judgment as to legality of proceedings is final for purposes of paragraph (1) when review is completed in accordance with the judgment of the United States Court of Military Commission Review and—

(A)the time for the accused to file a petition for review by the United States Court of Appeals for the District of Columbia Circuit has expired, the accused has not filed a timely petition for such review, and the case is not otherwise under review by the Court of Appeals; or

(B)review is completed in accordance with the judgment of the United States Court of Appeals for the District of Columbia Circuit and—

(i)a petition for a writ of certiorari is not timely filed;

(ii)such a petition is denied by the Supreme Court; or

(iii)review is otherwise completed in accordance with the judgment of the Supreme Court.

(d)Suspension of Sentence.—

The Secretary of the Defense, or the convening authority acting on the case (if other than the Secretary), may suspend the execution of any sentence or part thereof in the case, except a sentence of death.

Editorial Notes

Prior Provisions

A prior section 950i, added Pub. L. 109–366, § 3(a)(1), Oct. 17, 2006, 120 Stat. 2623, related to execution of sentence, procedures for execution of sentence of death, and suspension of sentence prior to the general amendment of this chapter by Pub. L. 111–84.

§950i Execution of Sentence; Suspension of Sentence

Summary

Title 10, §950i

Notes & Related Subsidiaries

Editorial Notes

Prior Provisions

Citations & Metadata