Chapter IX · Trial Procedures Through Findings
R.C.M. 924. Reconsideration of findings
2024 Manual for Courts-Martial, United States
See all changes(a) Time for reconsideration. Members may reconsider any finding reached by them before such finding is announced in open session.
(b) Procedure. Any member may propose that a finding be reconsidered. If such a proposal is made in a timely manner, the question whether to reconsider shall be determined in closed session by secret written ballot. Any finding of not guilty shall be reconsidered if a majority vote for reconsideration. Any finding of guilty shall be reconsidered if more than one-fourth of the members vote for reconsideration. Any finding of not guilty only by reason of lack of mental responsibility shall be reconsidered on the issue of the finding of guilty of the elements if more than one-fourth of the members vote for reconsideration, and on the issue of mental responsibility if a majority vote for reconsideration. If a vote to reconsider a finding succeeds, the procedures in R.C.M. 921 shall apply.
Discussion
After the initial secret ballot vote on a finding in closed session, no other vote may be taken on that finding unless a vote to reconsider succeeds.
(c) Military judge sitting alone. In trial by military judge alone, the military judge may reconsider:
(1) any finding of guilty at any time before announcement of sentence; and
(2) the issue of the finding of guilty of the elements in a finding of not guilty only by reason of lack of mental responsibility at any time before announcement of sentence or, where there was no finding of guilty, entry of judgment.