§ 841. Art. 41. Challenges

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

1. 1956

   Aug. 10, 1956, ch. 1041, 70A Stat. 51 · 70A Stat. 51

   Enacted · 10 U.S.C. § 841

   Aug. 10, 1956, ch. 1041, 70A Stat. 51

   Source evidence

   Code source credit
   Aug. 10, 1956, ch. 1041, 70A Stat. 51

2. 1968

   Military Justice Act of 1968

   Pub. L. 90–632 § 2(17)(A) · 82 Stat. 1335

   1. Inserted · 10 U.S.C. § 841(a)

      Pub. L. 90–632, § 2(17)(A), (B), inserted reference to the military judge

   2. Struck · 10 U.S.C. § 841(a)

      Pub. L. 90–632, § 2(17)(A), (B), struck out references to the law officer of a general court-martial

   Source evidence

   Code amendment note
   Subsec. (a). Pub. L. 90–632, § 2(17)(A), (B), inserted reference to the military judge and struck out references to the law officer of a general court-martial.

   Enacted provision · exact public law section
   (A) by amending the first sentence of subsection (a) to read as follows: “The military judge and members of a general or special court-martial may be challenged by the accused or the trial counsel for cause stated to the court.”;

3. 1968

   Military Justice Act of 1968

   Pub. L. 90–632 § 2(17)(C) · 82 Stat. 1335

   Substituted · 10 U.S.C. § 841(b)

   Pub. L. 90–632, § 2(17)(C), substituted “military judge” for “law officer”

   Source evidence

   Code amendment note
   Subsec. (b). Pub. L. 90–632, § 2(17)(C), substituted “military judge” for “law officer”.

   Enacted provision · exact public law section
   (C) by striking out “law officer” in subsection (b) and inserting in lien thereof “military judge”.

4. 1990

   National Defense Authorization Act for Fiscal Year 1991

   Pub. L. 101–510 § 541(b) · 104 Stat. 1485

   1. Amended · 10 U.S.C. § 841(a)

      Pub. L. 101–510, § 541(b), designated existing provision as par. (1)

   2. Added · 10 U.S.C. § 841(a)

      Pub. L. 101–510, § 541(b), added par. (2)

   Source evidence

   Code amendment note
   Subsec. (a). Pub. L. 101–510, § 541(b), designated existing provision as par. (1) and added par. (2).

   Enacted provision · exact public law section
   (b) Challenges to Members of Courts-Martial for Cause When Membership Below Minimum Number.— Subsection (a) of section 841 of title 10, United States Code (article 41 of the Uniform Code of Military Justice), is amended— (1) by inserting “(1)” after “(a)”; and (2) by adding at the end the following: “(2) If exercise of a challenge for cause reduces the court below the minimum number of members required by section 816 of this title (article 16), all parties shall (notwithstanding section 829 of this title (article 29)) either exercise or waive any challenge for cause then apparent against the remaining members of the court before additional members are detailed to the court. However, peremptory challenges shall not be exercised at that time.”.

5. 1990

   National Defense Authorization Act for Fiscal Year 1991

   Pub. L. 101–510 § 541(c) · 104 Stat. 1485

   Amended · 10 U.S.C. § 841(b)

   Pub. L. 101–510, § 541(c), amended subsec. (b) generally. Prior to amendment, subsec. (b) read as follows: “Each accused and the trial counsel is entitled to one peremptory challenge, but the military judge may not be challenged except for cause.”

   Source evidence

   Code amendment note
   Subsec. (b). Pub. L. 101–510, § 541(c), amended subsec. (b) generally. Prior to amendment, subsec. (b) read as follows: “Each accused and the trial counsel is entitled to one peremptory challenge, but the military judge may not be challenged except for cause.”

   Enacted provision · exact public law section
   (c) Peremptory Challenges When Membership Below Minimum Number.— Subsection (b) of such section (article) is amended to read as follows: “(b) (1) Each accused and the trial counsel are entitled initially to one peremptory challenge of members of the court. The military judge may not be challenged except for cause. “(2) If exercise of a peremptory challenge reduces the court below the minimum number of members required by section 816 of this title (article 16), the parties shall (notwithstanding section 829 of this title (article 29)) either exercise or waive any remaining peremptory challenge (not previously waived) against the remaining members of the court before additional members are detailed to the court.”.

6. 1990

   National Defense Authorization Act for Fiscal Year 1991

   Pub. L. 101–510 § 541(d) · 104 Stat. 1485

   Added · 10 U.S.C. § 841(c)

   Pub. L. 101–510, § 541(d), added subsec. (c)

   Source evidence

   Code amendment note
   Subsec. (c). Pub. L. 101–510, § 541(d), added subsec. (c).

   Enacted provision · exact public law section
   (d) Additional Peremptory Challenges When New Members Detailed.— Such section (article) is further amended by adding at the end the following new subsection: “(c) Whenever additional members are detailed to the court, and after any challenges for cause against such additional members are presented and decided, each accused and the trail counsel are entitled to one peremptory challenge against members not previously subject to peremptory challenge.”.

7. 2011

   Ike Skelton National Defense Authorization Act for Fiscal Year 2011

   Pub. L. 111–383 div. A title X § 1075(b)(13) · 124 Stat. 4137

   Substituted · 10 U.S.C. § 841(c)

   Pub. L. 111–383 substituted “trial counsel” for “trail counsel”

   Source evidence

   Code amendment note
   Subsec. (c). Pub. L. 111–383 substituted “trial counsel” for “trail counsel”.

   Enacted provision · exact public law section
   (13) Section 841(c) is amended by striking “trail counsel” and inserting “trial counsel”.

8. 2016

   Military Justice Act of 2016

   Pub. L. 114–328 § 5224(1) · 130 Stat. 2000

   Struck · 10 U.S.C. § 841(a)(1)

   Pub. L. 114–328, § 5224(1), struck out “, or, if none, the court,” before “shall determine”

   Source evidence

   Code amendment note
   Subsec. (a)(1). Pub. L. 114–328, § 5224(1), struck out “, or, if none, the court,” before “shall determine”.

   Enacted provision · exact public law section
   (1) in subsection (a)(1), by striking “, or, if none, the court,” in the second sentence;

   Effective date note
   Amendment by Pub. L. 114–328 effective on Jan. 1, 2019, as designated by the President, with implementing regulations and provisions relating to applicability to various situations, see section 5542 of Pub. L. 114–328 and Ex. Ord. No. 13825, set out as notes under section 801 of this title.

9. 2016

   Military Justice Act of 2016

   Pub. L. 114–328 § 5224(2) · 130 Stat. 2000

   Struck · 10 U.S.C. § 841(a)(2)

   Pub. L. 114–328, § 5224(2), struck out “minimum” after “below the”

   Source evidence

   Code amendment note
   Subsec. (a)(2). Pub. L. 114–328, § 5224(2), struck out “minimum” after “below the”.

   Enacted provision · exact public law section
   (2) in subsection (a)(2), by striking “minimum” in the first sentence; and

   Effective date note
   Amendment by Pub. L. 114–328 effective on Jan. 1, 2019, as designated by the President, with implementing regulations and provisions relating to applicability to various situations, see section 5542 of Pub. L. 114–328 and Ex. Ord. No. 13825, set out as notes under section 801 of this title.

10. 2016

    Military Justice Act of 2016

    Pub. L. 114–328 § 5224(3) · 130 Stat. 2000

    Struck · 10 U.S.C. § 841(b)(2)

    Pub. L. 114–328, § 5224(3), struck out “minimum” after “below the”

    Source evidence

    Code amendment note
    Subsec. (b)(2). Pub. L. 114–328, § 5224(3), struck out “minimum” after “below the”.

    Enacted provision · exact public law section
    (3) in subsection (b)(2), by striking “minimum”.

    Effective date note
    Amendment by Pub. L. 114–328 effective on Jan. 1, 2019, as designated by the President, with implementing regulations and provisions relating to applicability to various situations, see section 5542 of Pub. L. 114–328 and Ex. Ord. No. 13825, set out as notes under section 801 of this title.

11 of 12 references resolved to an enrolled provision · 1 partial