§ 851. Art. 51. Voting and rulings

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. 54 · 70A Stat. 54

   Enacted · 10 U.S.C. § 851

   Aug. 10, 1956, ch. 1041, 70A Stat. 54

   Source evidence

   Code source credit
   Aug. 10, 1956, ch. 1041, 70A Stat. 54

2. 1968

   Military Justice Act of 1968

   Pub. L. 90–632 § 2(21)(A) · 82 Stat. 1335

   Changed · 10 U.S.C. § 851(a)

   Pub. L. 90–632, § 2(21)(A), limited the balloting on the question of challenges to courts-martial without military judges

   Source evidence

   Code amendment note
   Subsec. (a). Pub. L. 90–632, § 2(21)(A), limited the balloting on the question of challenges to courts-martial without military judges.

   Enacted provision · exact public law section
   (A) by amending the first sentence of subsection (a) to read as follows: “Voting by members of a general or special court-martial on the findings and on the sentence, and by members of a court-martial without a military judge upon questions of challenge, shall be by secret written ballot.”;

3. 1968

   Military Justice Act of 1968

   Pub. L. 90–632 § 2(21)(B) · 82 Stat. 1335

   1. Substituted · 10 U.S.C. § 851(b)

      Pub. L. 90–632, § 2(21)(B), substituted “military judge” for “law officer”

   2. Inserted · 10 U.S.C. § 851(b)

      Pub. L. 90–632, § 2(21)(B), inserted reference to the military judge’s ruling upon challenges for cause when a military judge is part of a court-martial and reference to questions of law

   Source evidence

   Code amendment note
   Subsec. (b). Pub. L. 90–632, § 2(21)(B), substituted “military judge” for “law officer” and inserted reference to the military judge’s ruling upon challenges for cause when a military judge is part of a court-martial and reference to questions of law.

   Enacted provision · exact public law section
   (B) by amending the first three sentences of subsection (b) to read as follows: “The military judge and, except for questions of challenge, the president of a court-martial without, a military judge shall rule upon nil questions of law and all interlocutory questions arising during the proceedings. Any such ruling made by the military judge upon any question of law or any interlocutory question other than the factual issue of mental responsibility of the accused, or by the president of a court-martial without a military judge upon any question of law other than a motion for a finding of not guilty, is final and constitutes the ruling of the court. However, the military judge or the president of a court-martial without a military judge may change his ruling at any time during the trial.”

4. 1968

   Military Justice Act of 1968

   Pub. L. 90–632 § 2(21)(C) · 82 Stat. 1335

   Substituted · 10 U.S.C. § 851(c)

   Pub. L. 90–632, § 2(21)(C), substituted “military judge” for “law officer” and made minor changes in phraseology eliminating the division between general and special court-martials

   Source evidence

   Code amendment note
   Subsec. (c). Pub. L. 90–632, § 2(21)(C), substituted “military judge” for “law officer” and made minor changes in phraseology eliminating the division between general and special court-martials.

   Enacted provision · exact public law section
   (C) by striking out the words “law officer of a general court-martial and the president of a special court-martial shall, in the presence of the accused and counsel, instruct the court as to the elements of the offense and charge the court” in the first sentence of subsection (c) and inserting the words “military judge or the president of a court-martial without a military judge shall, in the presence of the accused and counsel, instruct the members of the court as to the elements of the offense and charge them” in place thereof; and

5. 1968

   Military Justice Act of 1968

   Pub. L. 90–632 § 2(21)(D) · 82 Stat. 1335

   Added · 10 U.S.C. § 851(d)

   Pub. L. 90–632, § 2(21)(D), added subsec. (d)

   Source evidence

   Code amendment note
   Subsec. (d). Pub. L. 90–632, § 2(21)(D), added subsec. (d).

   Enacted provision · exact public law section
   (D) by adding the following new subsection at the end thereof: “(d) Subsections (a), (b), and (c) do not apply to a court-martial composed of a military judge only. The military judge of such a court-martial shall determine all questions of law and fact arising during the proceedings and, if the accused is convicted, adjudge an appropriate sentence. The military judge of such a court-martial shall make a general finding and shall in addition on request find the facts specially. If an opinion or memorandum of decision is filed, it will be sufficient if the findings of fact appear therein.”

6. 2016

   Military Justice Act of 2016

   Pub. L. 114–328 § 5234(1) · 130 Stat. 2000

   Struck · 10 U.S.C. § 851(a)

   Pub. L. 114–328, § 5234(1), struck out “, and by members of a court-martial without a military judge upon questions of challenge,” after “on the sentence”

   Source evidence

   Code amendment note
   Subsec. (a). Pub. L. 114–328, § 5234(1), struck out “, and by members of a court-martial without a military judge upon questions of challenge,” after “on the sentence”.

   Enacted provision · exact public law section
   (1) in subsection (a), by striking “, and by members of a court-martial without a military judge upon questions of challenge,” in the first 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.

7. 2016

   Military Justice Act of 2016

   Pub. L. 114–328 § 5234(2) · 130 Stat. 2000

   1. Struck · 10 U.S.C. § 851(b)

      Pub. L. 114–328, § 5234(2), struck out “and, except for questions of challenge, the president of a court-martial without a military judge” after “The military judge”

   2. Substituted · 10 U.S.C. § 851(b)

      Pub. L. 114–328, § 5234(2), substituted “is final and constitutes the ruling of the court, except that the military judge may change a ruling at any time during trial.” for “, or by the president of a court-martial without a military judge upon any question of law other than a motion for a finding of not guilty, is final and constitutes the ruling of the court. However, the military judge or the president of a court-martial without a military judge may change his ruling at any time during trial. Unless the ruling is final, if any member objects thereto, the court shall be cleared and closed and the question decided by a voice vote as provided in section 852 of this title (article 52), beginning with the junior in rank.”

   Source evidence

   Code amendment note
   Subsec. (b). Pub. L. 114–328, § 5234(2), struck out “and, except for questions of challenge, the president of a court-martial without a military judge” after “The military judge” and substituted “is final and constitutes the ruling of the court, except that the military judge may change a ruling at any time during trial.” for “, or by the president of a court-martial without a military judge upon any question of law other than a motion for a finding of not guilty, is final and constitutes the ruling of the court. However, the military judge or the president of a court-martial without a military judge may change his ruling at any time during trial. Unless the ruling is final, if any member objects thereto, the court shall be cleared and closed and the question decided by a voice vote as provided in section 852 of this title (article 52), beginning with the junior in rank.”

   Enacted provision · exact public law section
   (2) in subsection (b)— (A) in the first sentence, by striking “and, except for questions of challenge, the president of a court-martial without a military judge”; and (B) in the second sentence, by striking “, or by the president” and all that follows through the end of the subsection and inserting “is final and constitutes the ruling of the court, except that the military judge may change a ruling at any time during trial.”; 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.

8. 2016

   Military Justice Act of 2016

   Pub. L. 114–328 § 5234(3) · 130 Stat. 2000

   Struck · 10 U.S.C. § 851(c)

   Pub. L. 114–328, § 5234(3), struck out “or the president of a court-martial without a military judge” after “the military judge” in introductory provisions

   Source evidence

   Code amendment note
   Subsec. (c). Pub. L. 114–328, § 5234(3), struck out “or the president of a court-martial without a military judge” after “the military judge” in introductory provisions.

   Enacted provision · exact public law section
   (3) in subsection (c), by striking “or the president of a court-martial without a military judge” in the matter before paragraph (1).

   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 of 10 references resolved to an enrolled provision · 1 partial