|
|
|
U.S. Code as of:
01/19/04
Section 816. Art. 16. Courts-martial classified
The three kinds of courts-martial in each of the armed forces are
-
(1) general courts-martial, consisting of -
(A) a military judge and not less than five members or, in a
case in which the accused may be sentenced to a penalty of
death, the number of members determined under section 825a of
this title (article 25a); or
(B) only a military judge, if before the court is assembled
the accused, knowing the identity of the military judge and
after consultation with defense counsel, requests orally on the
record or in writing a court composed only of a military judge
and the military judge approves;
(2) special courts-martial, consisting of -
(A) not less than three members; or
(B) a military judge and not less than three members; or
(C) only a military judge, if one has been detailed to the
court, and the accused under the same conditions as those
prescribed in clause (1)(B) so requests; and
(3) summary courts-martial, consisting of one commissioned
officer.
|
|