10-U.S.C.-841
§841 – Art. 41. Challenges
Pathway
Title 10 > Subtitle A > Part II > Chapter 47 > Subchapter VII > Section 841
Details
- Reference: Section 841
- Legend: §841 – Art. 41. Challenges
- USCode Year: 2013
Provision Content
(a)(1) 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. The military judge, or, if none, the court, shall determine the relevancy and validity of challenges for cause, and may not receive a challenge to more than one person at a time. Challenges by the trial counsel shall ordinarily be presented and decided before those by the accused are offered.
(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.
(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.
(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 trial counsel are entitled to one peremptory challenge against members not previously subject to peremptory challenge.
(Aug. 10, 1956, ch. 1041, 70A Stat. 51; Pub. L. 90–632, §2(17), Oct. 24, 1968, 82 Stat. 1339; Pub. L. 101–510, div. A, title V, §541(b)–(d), Nov. 5, 1990, 104 Stat. 1565; Pub. L. 111–383, div. A, title X, §1075(b)(13), Jan. 7, 2011, 124 Stat. 4369.)
| Revised section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 841(a) 841(b) |
50:616(a). 50:616(b). |
May 5, 1950, ch. 169, §1 (Art. 41), 64 Stat. 121. |
In subsection (a), the word may is substituted for the word shall before the words not receive.
In subsection (b), the word the is inserted before the word trial. The word is is substituted for the words shall be. The word may is substituted for the word shall.
Amendments
2011—Subsec. (c). Pub. L. 111–383 substituted trial counsel for trail counsel.
1990—Subsec. (a). Pub. L. 101–510, §541(b), designated existing provision as par. (1) and added par. (2).
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.
Subsec. (c). Pub. L. 101–510, §541(d), added subsec. (c).
1968—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.
Subsec. (b). Pub. L. 90–632, §2(17)(C), substituted military judge for law officer.
Effective Date of 1990 Amendment
Amendment by Pub. L. 101–510 applicable only to court-martial convened on or after Nov. 5, 1990, see section 541(e) of Pub. L. 101–510, set out as a note under section 839 of this title.
Effective Date of 1968 Amendment
Amendment by Pub. L. 90–632 effective first day of tenth month following October 1968, see section 4 of Pub. L. 90–632, set out as a note under section 801 of this title.
U.S. Encyclopedia of Law Coverage
10-U.S.C.-838 in the Legal Encyclopedia: General Military Law
In this entry about 10-U.S.C.-838, find legal reference material, bibliographies and premiere content related to general military law in the American Encyclopedia of Law, presenting a comprehensive view of the United States general military law-specific issues, written by authorities in the field.
10-U.S.C.-841 in the Legal Encyclopedia: Uniform Code of Military Justice
In this entry about 10-U.S.C.-841, find legal reference material, bibliographies and premiere content related to uniform code of military justice in the American Encyclopedia of Law, presenting a comprehensive view of the United States uniform code of military justice-specific issues, written by authorities in the field.
10-U.S.C.-822 in the Legal Encyclopedia: Justice
In this entry about 10-U.S.C.-822, find legal reference material, bibliographies and premiere content related to justice in the American Encyclopedia of Law, presenting a comprehensive view of the United States justice-specific issues, written by authorities in the field.
10-U.S.C.-830 in the Legal Encyclopedia: Enlistments
In this entry about 10-U.S.C.-830, find legal reference material, bibliographies and premiere content related to enlistments in the American Encyclopedia of Law, presenting a comprehensive view of the United States enlistments-specific issues, written by authorities in the field.
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