A bill to amend chapter 47 (Uniform Code of Military Justice) of title 10, United States Code, to make certain improvements therein.

Summary

Permits a summary court-martial, special court martial without a military judge, provost court or military commission to punish for contempt any person who disturbs its proceedings. Allows a military judge to punish by a $100 fine, 30 days in jail or both, any misbehavior that obstructs the administration of justice, misbehavior of court officers or disobedience of any order of the judge. Limits punishment for an offense to that established by the President for that offense. Provides that any period of confinement included in a sentence begins when adjudged by the court martial, but periods when confinement is suspended or deferred shall be excluded in computing the term of confinement. Provides that all other sentences are effective on the date ordered executed. Allows the deferment of confinement when the sentence has not been ordered executed or is under review. Provides that after trial by court-martial the record shall be sent to the convening authority for action with respect to the sentence. Directs the convening authority to refer the record of each general court martial to his staff judge advocate or legal officer who shall submit his opinion upon the appropriateness of sentence. Provides for review of decisions in a court-martial dismissing specifications without a finding of not guilty or prohibiting the admission of evidence or confessions or any ruling seriously impeding prosecutions of the case. Allows revisions proceedings where there is an apparent error in the record or where the record shows improper action by the court-martial with respect to a finding or sentence which can be rectified without material prejudice to the substantial rights of the accused. Prohibits the use of revision proceedings to reconsider a finding of not guilty or to increase the severity of a sentence unless the sentence prescribed is mandatory. Provides that at any time after a trial record has been prepared, and before sentencing has occurred, the military judge may, except where there is lack of sufficient evidence in the record to support the findings, set aside the findings or sentence or both and authorize a rehearing. Permits the convening authority to approve or disapprove the sentence. Provides that, in any case reviewed by it, the Court of Military Appeals may act only with respect to the findings of the court-martial and the sentence as approved by the convening authority and as affirmed or set aside as incorrect in law by the Court of Military Review. Requires approval by the President of sentences involving a general or flag-officer or death, before execution of the sentence. Requires approval by the appropriate Secretary before execution of any sentence calling for dismissal or suspension of a commissioned officer, cadet, or midshipman. Requires affirmation by the Court of Military Review for sentences involving bad conduct or dishonorable discharges.

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1 official file

• Introduced in House

  summary · EN · 14 January 1975

  Open at official source

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