Federal · Title 10 — Armed Forces

10 U.S.C. § 864: Art. 64. Judge advocate review of finding of guilty in summary court-martial

Civil

What this law says, in plain English

This statute establishes the judicial review process for summary court-martial findings, requiring judge advocate examination of jurisdiction, charges, and sentencing legality, with authority to approve, disapprove, or modify convictions and sentences.

Read the full statutory text
the court had jurisdiction over the accused and the offense; the charge and specification stated an offense; and the sentence was within the limits prescribed as a matter of law. A response to each allegation of error made in writing by the accused. 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. the judge advocate who reviewed the case recommends corrective action; or such action is otherwise required by regulations of the Secretary concerned. disapprove or approve the findings or sentence, in whole or in part; remit, commute, or suspend the sentence in whole or in part; 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 dismiss the charges. If a rehearing is ordered but the convening authority finds a rehearing impracticable, he shall dismiss the charges. 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).

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This page is legal information, not legal advice. Code text is sourced from official publications and may lag amendments — always confirm at the official source linked above. Plain-English summaries and relationship data are AI-derived and reviewed on an ongoing basis; verify with a licensed attorney before acting.