Summary of changes
Article 64 — Judge advocate review of finding of guilty in summary court-martial
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
18 unchanged
No changes recorded for this Article —
its text is the same as the last Manual for Courts-Martial edition.
Showing every provision.
Provisions
64(a)
unchanged
Original text
IN GENERAL.—
Under regulations prescribed by the Secretary concerned, each summary court-martial in which there is a finding of guilty shall be reviewed by a judge advocate. A judge advocate may not review a case under this subsection if the judge advocate has acted in the same case as an accuser, preliminary hearing officer, member of the court, military judge, or counsel or has otherwise acted on behalf of the prosecution or defense. The judge advocate's review shall be in writing and shall contain the following:
Current text
IN GENERAL.—
Under regulations prescribed by the Secretary concerned, each summary court-martial in which there is a finding of guilty shall be reviewed by a judge advocate. A judge advocate may not review a case under this subsection if the judge advocate has acted in the same case as an accuser, preliminary hearing officer, member of the court, military judge, or counsel or has otherwise acted on behalf of the prosecution or defense. The judge advocate's review shall be in writing and shall contain the following:
64(a)(1)
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Original text
Conclusions as to whether—
Current text
Conclusions as to whether—
64(a)(1)(A)
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Original text
the court had jurisdiction over the accused and the offense;
Current text
the court had jurisdiction over the accused and the offense;
64(a)(1)(B)
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Original text
the charge and specification stated an offense; and
Current text
the charge and specification stated an offense; and
64(a)(1)(C)
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Original text
the sentence was within the limits prescribed as a matter of law.
Current text
the sentence was within the limits prescribed as a matter of law.
64(a)(2)
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Original text
A response to each allegation of error made in writing by the accused.
Current text
A response to each allegation of error made in writing by the accused.
64(a)(3)
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Original text
If the case is sent for action under subsection (b), a recommendation as to the appropriate action to be taken and an opinion as to whether corrective action is required as a matter of law.
Current text
If the case is sent for action under subsection (b), a recommendation as to the appropriate action to be taken and an opinion as to whether corrective action is required as a matter of law.
64(b)
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Original text
RECORD.—
The record of trial and related documents in each case reviewed under subsection (a) shall be sent for action to the person exercising general court-martial jurisdiction over the accused at the time the court was convened (or to that person’s successor in command) if—
Current text
RECORD.—
The record of trial and related documents in each case reviewed under subsection (a) shall be sent for action to the person exercising general court-martial jurisdiction over the accused at the time the court was convened (or to that person’s successor in command) if—
64(b)(1)
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Original text
the judge advocate who reviewed the case recommends corrective action; or
Current text
the judge advocate who reviewed the case recommends corrective action; or
64(b)(2)
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Original text
such action is otherwise required by regulations of the Secretary concerned.
Current text
such action is otherwise required by regulations of the Secretary concerned.
64(c)
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Original text
Current text
64(c)(1)
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Original text
The person to whom the record of trial and related documents are sent under subsection (b) may—
Current text
The person to whom the record of trial and related documents are sent under subsection (b) may—
64(c)(1)(A)
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Original text
disapprove or approve the findings or sentence, in whole or in part;
Current text
disapprove or approve the findings or sentence, in whole or in part;
64(c)(1)(B)
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Original text
remit, commute, or suspend the sentence in whole or in part;
Current text
remit, commute, or suspend the sentence in whole or in part;
64(c)(1)(C)
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Original text
except where the evidence was insufficient at the trial to support the findings, order a rehearing on the findings, on the sentence, or on both; or
Current text
except where the evidence was insufficient at the trial to support the findings, order a rehearing on the findings, on the sentence, or on both; or
64(c)(1)(D)
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Original text
dismiss the charges.
Current text
dismiss the charges.
64(c)(2)
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Original text
If a rehearing is ordered but the convening authority finds a rehearing impracticable, he shall dismiss the charges.
Current text
If a rehearing is ordered but the convening authority finds a rehearing impracticable, he shall dismiss the charges.
64(c)(3)
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Original text
If the opinion of the judge advocate in the judge advocate’s review under subsection (a) is that corrective action is required as a matter of law and if the person required to take action under subsection (b) does not take action that is at least as favorable to the accused as that recommended by the judge advocate, the record of trial and action thereon shall be sent to the Judge Advocate General for review under section 869 of this title (article 69).
Current text
If the opinion of the judge advocate in the judge advocate’s review under subsection (a) is that corrective action is required as a matter of law and if the person required to take action under subsection (b) does not take action that is at least as favorable to the accused as that recommended by the judge advocate, the record of trial and action thereon shall be sent to the Judge Advocate General for review under section 869 of this title (article 69).
“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.