§ 12-64-401 — Classifications of courts-martial

Arkansas § 12-64-401

• Jurisdiction: Arkansas
• Title: 12

Text

There shall be three (3) kinds of courts-martial in each of the forces of the organized militia, namely: (1) General courts-martial, which shall consist of: (A) A military judge and: (i) Any number of members not less than eight (8); or (ii) Six (6) or seven (7) members if after impanelment as required by subdivision (1)(A)(i) of this section there are challenges or excusals; or (B) Only a military judge, if before the court is assembled the accused, knowing the identity of the military judge and after consultation with defense counsel, requests orally on the record or in writing a court composed only of a military judge and the military judge approves; (2) Special courts-martial, consisting of: (A) A military judge and not less than four (4) members; or (B) Only a military judge, if one has been detailed to the court, and the accused, under the conditions prescribed in subdivision (1)(B) of this section, so requests, or if referred by the convening authority under the United States Uniform Code of Military Justice, 10 U.S.C. § 801 et seq., subject to applicable limitations; and (3) Summary courts-martial which shall consist of one (1) officer.

Legislative History

Amended by Act 2019, No. 211,§ 5, eff. 2/26/2019. Acts 1969, No. 50, § 60; A.S.A. 1947, § 11-615; Acts 1987, No. 125, § 1.