§ 412.398 — Number of votes required

Nevada § 412.398

• Jurisdiction: Nevada
• Title 36: MILITARY AFFAIRS AND CIVIL EMERGENCIES
• Ch. 412: State

Text

1. No person may be convicted of an offense, except by the concurrence of two-thirds of the members present at the time the vote is taken.
2. All sentences shall be determined by the concurrence of two-thirds of the members present at the time that the vote is taken.
3. All other questions to be decided by the members of a general or special court-martial shall be determined by a majority vote, but a determination to reconsider a finding of guilty or to reconsider a sentence, with a view toward decreasing it, may be made by voice and by any lesser vote which indicates that the reconsideration is not opposed by the number of votes required for finding or sentence. A tie vote on a challenge disqualifies the member challenged. A tie vote on a motion for a finding of not guilty or on a motion relating to the question of the accused’s sanity is a determination against the accused. A tie vote on any other question is a determination in favor of the accused.

Legislative History

(Added to NRS by 1967, 1325 ; A 2013, 1130 )