Summary of changes
Article 52 — Votes required for conviction, sentencing, and other matters
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
7 unchanged
No changes recorded for this Article —
its text is the same as the last Manual for Courts-Martial edition.
Showing every provision.
Provisions
52(a)
unchanged
Original text
IN GENERAL.—
No person may be convicted of an offense in a general or special court-martial, other than—
Current text
IN GENERAL.—
No person may be convicted of an offense in a general or special court-martial, other than—
52(a)(1)
unchanged
Original text
after a plea of guilty under section 845(b) of this title (article 45(b));
Current text
after a plea of guilty under section 845(b) of this title (article 45(b));
52(a)(2)
unchanged
Original text
by a military judge in a court-martial with a military judge alone, under section 816 of this title (article 16); or
Current text
by a military judge in a court-martial with a military judge alone, under section 816 of this title (article 16); or
52(a)(3)
unchanged
Original text
in a court-martial with members under section 816 of this title (article 16), by the concurrence of at least three-fourths of the members present when the vote is taken.
Current text
in a court-martial with members under section 816 of this title (article 16), by the concurrence of at least three-fourths of the members present when the vote is taken.
52(b)
unchanged
Original text
LEVEL OF CONCURRENCE REQUIRED.—
Current text
LEVEL OF CONCURRENCE REQUIRED.—
52(b)(1)
unchanged
Original text
IN GENERAL—
Except as provided in subsection (a) and in paragraph (2), all matters to be decided by members of a general or special court-martial shall be determined by a majority vote, but a reconsideration of a finding of guilty or reconsideration of a sentence, with a view toward decreasing the sentence, 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.
Current text
IN GENERAL—
Except as provided in subsection (a) and in paragraph (2), all matters to be decided by members of a general or special court-martial shall be determined by a majority vote, but a reconsideration of a finding of guilty or reconsideration of a sentence, with a view toward decreasing the sentence, 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.
52(b)(2)
unchanged
Original text
SENTENCING.—
A sentence of death requires (A) a unanimous finding of guilty of an offense in this chapter expressly made punishable by death and (B) a unanimous determination by the members that the sentence for that offense shall include death. All other sentences imposed by members shall be determined by the concurrence of at least three-fourths of the members present when the vote is taken.
Current text
SENTENCING.—
A sentence of death requires (A) a unanimous finding of guilty of an offense in this chapter expressly made punishable by death and (B) a unanimous determination by the members that the sentence for that offense shall include death. All other sentences imposed by members shall be determined by the concurrence of at least three-fourths of the members present when the vote is taken.
“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.