Summary of changes
Article 16 — Courts-martial classified
The text as it stood in the last Manual for Courts-Martial edition beside the current text, provision by provision, with every recorded amendment and the authority behind it — the whole Article in one view.
0 amended
0 added
0 removed
14 unchanged
No changes recorded for this Article —
its text is the same as the last Manual for Courts-Martial edition.
Showing every provision.
Provisions
16(a)
unchanged
Original text
IN GENERAL.—
The three kinds of courts-martial in each of the armed forces are the following:
Current text
IN GENERAL.—
The three kinds of courts-martial in each of the armed forces are the following:
16(a)(1)
unchanged
Original text
General courts-martial, as described in subsection (b).
Current text
General courts-martial, as described in subsection (b).
16(a)(2)
unchanged
Original text
Special courts-martial, as described in subsection (c).
Current text
Special courts-martial, as described in subsection (c).
16(a)(3)
unchanged
Original text
Summary courts-martial, as described in subsection (d).
Current text
Summary courts-martial, as described in subsection (d).
16(b)
unchanged
Original text
GENERAL COURTS-MARTIAL.—
General courts-martial are of the following three types:
Current text
GENERAL COURTS-MARTIAL.—
General courts-martial are of the following three types:
16(b)(1)
unchanged
Original text
A general court-martial consisting of a military judge and eight members, subject to sections 825(e)(3) and 829 of this title (articles 25(e)(3) and 29).
Current text
A general court-martial consisting of a military judge and eight members, subject to sections 825(e)(3) and 829 of this title (articles 25(e)(3) and 29).
16(b)(2)
unchanged
Original text
In a capital case, a general court-martial consisting of a military judge and the number of members determined under section 825a of this title (article 25a), subject to sections 825(e)(3) and 829 of this title (articles 25(e)(3) and 29).
Current text
In a capital case, a general court-martial consisting of a military judge and the number of members determined under section 825a of this title (article 25a), subject to sections 825(e)(3) and 829 of this title (articles 25(e)(3) and 29).
16(b)(3)
unchanged
Original text
A general court-martial consisting of a military judge alone, 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 of a military judge alone and the military judge approves the request.
Current text
A general court-martial consisting of a military judge alone, 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 of a military judge alone and the military judge approves the request.
16(c)
unchanged
Original text
SPECIAL COURTS-MARTIAL.—
Special courts-martial are of the following two types:
Current text
SPECIAL COURTS-MARTIAL.—
Special courts-martial are of the following two types:
16(c)(1)
unchanged
Original text
A special court-martial, consisting of a military judge and four members, subject to sections 825(e)(3) and 829 of this title (articles 25(e)(3) and 29).
Current text
A special court-martial, consisting of a military judge and four members, subject to sections 825(e)(3) and 829 of this title (articles 25(e)(3) and 29).
16(c)(2)
unchanged
Original text
A special court-martial consisting of a military judge alone—
Current text
A special court-martial consisting of a military judge alone—
16(c)(2)(A)
unchanged
Original text
if the case is so referred by the convening authority, subject to section 819 of this title (article 19) and such limitations as the President may prescribe by regulation; or
Current text
if the case is so referred by the convening authority, subject to section 819 of this title (article 19) and such limitations as the President may prescribe by regulation; or
16(c)(2)(B)
unchanged
Original text
if the case is referred under paragraph (1) and, 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 of a military judge alone and the military judge approves the request.
Current text
if the case is referred under paragraph (1) and, 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 of a military judge alone and the military judge approves the request.
16(d)
unchanged
Original text
SUMMARY COURT-MARTIAL.—
A summary court-martial consists of one commissioned officer.
Current text
SUMMARY COURT-MARTIAL.—
A summary court-martial consists of one commissioned officer.
“Original text” is the state captured the first time a provision was edited under change tracking — i.e. the text as published in the last Manual for Courts-Martial edition. Provisions edited without being “marked as changed” (typos, formatting) are not recorded here; see the recent revisions feed and the site-wide changes log.