322.054 – Article 54 — Record of trial.
322.054 Article 54 — Record of trial. (1) Each general and special court-martial shall keep a separate record of the proceedings in 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 or […]
322.050 – Article 50 — Admissibility of records of courts of inquiry.
322.050 Article 50 — Admissibility of records of courts of inquiry. (1) In any case not extending to the dismissal of a commissioned officer, the sworn testimony, contained in the duly authenticated record of proceedings of a court of inquiry, of a person whose oral testimony cannot be obtained, may, if otherwise admissible under the […]
322.0505 – Article 50a — Defense of mental disease or defect.
322.0505 Article 50a — Defense of mental disease or defect. (1) The accused has an affirmative defense of mental disease or defect in a trial by court-martial if, at the time of the commission of the acts constituting the offense, the accused, as a result of a mental disease or defect, lacked substantial capacity either […]
322.051 – Article 51 — Voting and rulings.
322.051 Article 51 — Voting and rulings. (1) Voting by members of a general or special court-martial on the findings and on the sentence shall be by secret written ballot. The junior member of the court shall count the votes. The count shall be checked by the president, who shall as soon as possible announce […]
322.052 – Article 52 — Number of votes required.
322.052 Article 52 — Number of votes required. (1) No person may be convicted of an offense except as provided in s. 322.045 (2) or s. 322.051 (4) or by the concurrence of two-thirds of the members present at the time the vote is taken. (2) All other questions to be decided by the members […]
322.053 – Article 53 — Court to announce action.
322.053 Article 53 — Court to announce action. A court-martial shall announce its findings and sentence to the parties as soon as determined. History: 2007 a. 200.
322.045 – Article 45 — Pleas of the accused.
322.045 Article 45 — Pleas of the accused. (1) 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 the accused has entered the plea of guilty improvidently or through lack of understanding of its meaning and effect, […]
322.046 – Article 46 — Opportunity to obtain witnesses and other evidence.
322.046 Article 46 — Opportunity to obtain witnesses and other evidence. The trial counsel, the defense counsel, and the court-martial shall have equal opportunity to obtain witnesses and other evidence as prescribed by regulations and provided by law. Process issued in court-martial cases to compel witnesses to appear and testify and to compel the production […]
322.047 – Article 47 — Refusal to appear or testify.
322.047 Article 47 — Refusal to appear or testify. (1) Any person not subject to this code may be punished by the military court in the same manner as a court of the state, if all of the following apply: (a) The person has been duly subpoenaed to appear as a witness or to produce […]
322.048 – Article 48 — Contempt.
322.048 Article 48 — Contempt. A military judge may punish for contempt any person who uses any menacing word, sign, or gesture in its presence, or who disturbs its proceedings by any riot or disorder. A person subject to this code may be punished for contempt by confinement not to exceed 30 days or a […]