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U.S. Code as of:
01/19/04
Section 852. Art. 52. Number of votes required
(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 accused's sanity is a
determination against the accused. A tie vote on any other question
is a determination in favor of the accused.
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