US Lawyer Database

§ 33-13-337. Record of trial

Each general court-martial shall keep a separate record of the proceedings of the trial of each case brought before it and the record shall be authenticated by the signature of the military judge. If the record cannot be authenticated by the military judge by reason of his death, disability, or absence, it shall be authenticated […]

§ 33-13-351. Cruel and unusual punishment prohibited

Punishment by flogging, or by branding, marking or tatooing on the body, or any other cruel or unusual punishment, may not be adjudged by any court-martial or inflicted upon any person subject to this code. The use of irons, single or double, except for the purpose of safe custody, is prohibited.

§ 33-13-353. Maximum limits

The punishment which a court-martial may direct for an offense may not exceed the limits prescribed by this code or by federal law.

§ 33-13-355. Effective date of sentences

Any period of confinement included in a sentence of a court-martial begins to run from the date the sentence is adjudged by the court-martial but periods during which the sentence to confinement is suspended or deferred shall be excluded in computing the service of the term of confinement. On application by an accused who is […]

§ 33-13-317. Former jeopardy

No person may, without his consent, be tried a second time in any military court of the State of Mississippi for the same offense. No proceedings in which an accused has been found guilty by a court-martial upon any charge or specification is a trial in the sense of this section until the finding of […]

§ 33-13-319. Pleas of the accused

If an accused after arraignment makes an irregular pleading, or after a plea of guilty sets up matter inconsistent with the plea, or if it appears that he has entered the plea of guilty improvidently or through a lack of understanding of its meaning and effect, or if he fails or refuses to plead, a […]

§ 33-13-321. Opportunity to obtain witnesses and other evidence

The trial counsel, the defense counsel, the accused, if not represented by counsel, and the court-martial shall have equal opportunity to obtain witnesses and other evidence. Each shall have the right of compulsory process for obtaining witnesses. The military judge or summary court officer of a court-martial may: Issue a warrant for the arrest of […]

§ 33-13-323. Refusal to appear or testify

Any person not subject to this code who: Has been duly subpoenaed to appear as a witness or to produce books and records before a military court or before any military or civil officer or peace officer designated to take a deposition to be read in evidence before a court; and Has been duly paid […]

§ 33-13-305. Duties of trial counsel and defense counsel

The trial counsel of a general or special court-martial shall prosecute in the name of the State of Mississippi, and shall, under the direction of the court, prepare the record of the proceedings. The accused has the right to be represented in his defense before a general, special or summary court-martial by civilian counsel if […]

§ 33-13-307. Sessions

At any time after the service of charges which have been referred for trial to a court-martial composed of a military judge and members, the military judge may, subject to Section 33-13-261 of this code, call the court into session without the presence of the members for the purpose of: Hearing and determining motions raising […]