Summary of changes
Article 44 — Former jeopardy
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
9 unchanged
No changes recorded for this Article —
its text is the same as the last Manual for Courts-Martial edition.
Showing every provision.
Provisions
44(a)
unchanged
Original text
No person may, without his consent, be tried a second time for the same offense.
Current text
No person may, without his consent, be tried a second time for the same offense.
44(b)
unchanged
Original text
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.
Current text
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.
44(c)
unchanged
Original text
Current text
44(c)(1)
unchanged
Original text
A court-martial with a military judge alone is a trial in the sense of this section (article) if, without fault of the accused—
Current text
A court-martial with a military judge alone is a trial in the sense of this section (article) if, without fault of the accused—
44(c)(1)(A)
unchanged
Original text
after introduction of evidence; and
Current text
after introduction of evidence; and
44(c)(1)(B)
unchanged
Original text
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.
Current text
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.
44(c)(2)
unchanged
Original text
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—
Current text
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—
44(c)(2)(A)
unchanged
Original text
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
Current text
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
44(c)(2)(B)
unchanged
Original text
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.
Current text
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.
“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.