Subchapter VII · Trial Procedure
Article 44. Former jeopardy
2024 Manual for Courts-Martial, United States
Recent revisions Summary of changes Cited by (5)(a) No person may, without his consent, be tried a second time for the same offense.
(b) No proceeding in which an accused has been found guilty by a court-martial upon any charge or specification is a trial in the sense of this article until the finding of guilty has become final after review of the case has been fully completed.
(c)
(1) A court-martial with a military judge alone is a trial in the sense of this section (article) if, without fault of the accused—
(A) after introduction of evidence; and
(B) before announcement of findings under section 853 of this title (article 53); the case is dismissed or terminated by the convening authority or the special trial counsel or on motion of the prosecution for failure of available evidence or witnesses.
(2) A court-martial with a military judge and members is a trial in the sense of this section (article) if, without fault of the accused—
(A) after the members, having taken an oath as members under section 842 of this title (article 42)and after completion of challenges under section 841 of this title (article 41), are impaneled; and
(B) before announcement of findings under section 853 of this title (article 53); the case is dismissed or terminated by the convening authority or the special trial counsel or on motion of the prosecution for failure of available evidence or witnesses.
Cross-referencesCited by 5Cites 3
Cited by
Provisions elsewhere in the Manual whose text cites Article 44. Each link opens the citing provision.
Rules for Courts-Martial
R.C.M. 1301(b) — Summary courts-martial
…However, a summary court-martial shall constitute a trial for purposes of determining former jeopardy under Article 44. The summary court-martial shall thoroughly and impartially inquire into both sides of the matter and shall…
Uniform Code of Military Justice
Art. 62(a)(2)(B) — Appeal by the United States
An appeal of an order or ruling may not be taken when prohibited by section 844 of this title (article 44).
Art. 65(e)(2) — Transmittal and review of records
…may order a rehearing, except that a rehearing may not be ordered in violation of section 844 of this title (article 44).
Art. 66(f)(1)(A)(ii) — Courts of Criminal Appeals
may, except when prohibited by section 844 of this title (article 44), order a rehearing.
Art. 69(c)(1)(B) — Review by Judge Advocate General
…may order a rehearing, except that a rehearing may not be ordered in violation of section 844 of this title (article 44).
Article 44 cites
Provisions named in the text of Article 44. Where the cited provision is on this site, the link opens it.