10-U.S.C.-852
§852 – Art. 52. Number of Votes Required
Pathway
Title 10 > Subtitle A > Part II > Chapter 47 > Subchapter VII > Section 852
Details
- Reference: Section 852
- Legend: §852 – Art. 52. Number of Votes Required
- USCode Year: 2013
Provision Content
(a)(1) No person may be convicted of an offense for which the death penalty is made mandatory by law, except by the concurrence of all the members of the court-martial present at the time the vote is taken.
(2) No person may be convicted of any other offense, except as provided in section 845(b) of this title (article 45(b)) or by the concurrence of two-thirds of the members present at the time the vote is taken.
(b)(1) No person may be sentenced to suffer death, except by the concurrence of all the members of the court-martial present at the time the vote is taken and for an offense in this chapter expressly made punishable by death.
(2) No person may be sentenced to life imprisonment or to confinement for more than ten years, except by the concurrence of three-fourths of the members present at the time the vote is taken.
(3) All other sentences shall be determined by the concurrence of two-thirds of the members present at the time the vote is taken.
(c) All other questions to be decided by the members of a general or special court-martial shall be determined by a majority vote, but a determination to reconsider a finding of guilty or to reconsider a sentence, with a view toward decreasing it, may be made by any lesser vote which indicates that the reconsideration is not opposed by the number of votes required for that finding or sentence. A tie vote on a challenge disqualifies the member challenged. A tie vote on a motion for a finding of not guilty or on a motion relating to the question of the accuseds sanity is a determination against the accused. A tie vote on any other question is a determination in favor of the accused.
(Aug. 10, 1956, ch. 1041, 70A Stat. 55; Pub. L. 90–632, §2(22), Oct. 24, 1968, 82 Stat. 1340.)
| Revised section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 852(a) 852(b) |
50:627(a). 50:627(b) |
May 5, 1950, ch. 169, §1 (Art. 52), 64 Stat. 125. |
| 852(c) | 50:627(c). |
In subsections (a) and (b), the word may is substituted for the word shall.
In subsection (b)(2), the words for more than are substituted for the words in excess of.
In subsection (c), the word disqualifies is substituted for the words shall disqualify. The word is is substituted for the words shall be in the last two sentences.
Amendments
1968—Subsec. (a)(2). Pub. L. 90–632, §2(22)(A), inserted reference to the exception provided in section 845(b) of this title (article 45(b)).
Subsec. (c). Pub. L. 90–632, §2(22)(B), provided that a determination to reconsider a finding of guilty or to reconsider a sentence, with a view toward decreasing it, may be made by a vote of less than a majority vote which indicates that the reconsideration is not opposed by the number of votes required for that finding or sentence.
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.
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