§ 841 Art. 41. Challenges · 115-40u1

115-45 is not ingested; this is Title 10 as published at 115-40u1 (2017-07-01), which is the latest release point at or before it that carries this title.

§ 841.

Art. 41. Challenges

(a)

(1)

The military judge and members of a general or special court-martial may be challenged by the accused or the trial counsel for cause stated to the court. The military judge, or, if none, the court, shall determine the relevancy and validity of challenges for cause, and may not receive a challenge to more than one person at a time. Challenges by the trial counsel shall ordinarily be presented and decided before those by the accused are offered.

(2)

If exercise of a challenge for cause reduces the court below the minimum number of members required by section 816 of this title (article 16), all parties shall (notwithstanding section 829 of this title (article 29)) either exercise or waive any challenge for cause then apparent against the remaining members of the court before additional members are detailed to the court. However, peremptory challenges shall not be exercised at that time.

(b)

(1)

Each accused and the trial counsel are entitled initially to one peremptory challenge of members of the court. The military judge may not be challenged except for cause.

(2)

If exercise of a peremptory challenge reduces the court below the minimum number of members required by section 816 of this title (article 16), the parties shall (notwithstanding section 829 of this title (article 29)) either exercise or waive any remaining peremptory challenge (not previously waived) against the remaining members of the court before additional members are detailed to the court.

(c)

Whenever additional members are detailed to the court, and after any challenges for cause against such additional members are presented and decided, each accused and the trial counsel are entitled to one peremptory challenge against members not previously subject to peremptory challenge.

Source

(Aug. 10, 1956, ch. 1041, 70A Stat. 51; Pub. L. 90–632, § 2(17),

Oct. 24, 1968

, 82 Stat. 1339; Pub. L. 101–510, div. A, title V, § 541(b)–(d),

Nov. 5, 1990

, 104 Stat. 1565; Pub. L. 111–383, div. A, title X, § 1075(b)(13),

Jan. 7, 2011

, 124 Stat. 4369; Pub. L. 114–328, div. E, title LVII, § 5224,

Dec. 23, 2016

, 130 Stat. 2909.)

Notes

Amendment of Subsections (a) and (b)(2)

Pub. L. 114–328, div. E, title LVII, § 5224, title LXIII, § 5542,

Dec. 23, 2016

, 130 Stat. 2909, 2967, provided that, effective on the date designated by the President, not later than the first day of the first calendar month beginning two years after

Dec. 23, 2016

, with implementing regulations prescribed by the President not later than one year after

Dec. 23, 2016

, and with provisions relating to applicability to various situations, this section is amended:

(1) in subsection (a)(1), by striking “, or, if none, the court,” in the second sentence;

(2) in subsection (a)(2), by striking “minimum” in the first sentence; and

(3) in subsection (b)(2), by striking “minimum”.

See 2016 Amendment notes below.

Historical and Revision Notes
Revised section	Source (U.S. Code)	Source (Statutes at Large)
841(a) 841(b)	50:616(a). 50:616(b).	May 5, 1950, ch. 169, § 1 (Art. 41), 64 Stat. 121.

In subsection (a), the word “may” is substituted for the word “shall” before the words “not receive”.

In subsection (b), the word “the” is inserted before the word “trial”. The word “is” is substituted for the words “shall be”. The word “may” is substituted for the word “shall”.

Amendments

2016—Subsec. (a)(1). Pub. L. 114–328, § 5224(1), struck out “, or, if none, the court,” before “shall determine”.

Subsec. (a)(2). Pub. L. 114–328, § 5224(2), struck out “minimum” after “below the”.

Subsec. (b)(2). Pub. L. 114–328, § 5224(3), struck out “minimum” after “below the”.

2011—Subsec. (c). Pub. L. 111–383 substituted “trial counsel” for “trail counsel”.

1990—Subsec. (a). Pub. L. 101–510, § 541(b), designated existing provision as par. (1) and added par. (2).

Subsec. (b). Pub. L. 101–510, § 541(c), amended subsec. (b) generally. Prior to amendment, subsec. (b) read as follows: “Each accused and the trial counsel is entitled to one peremptory challenge, but the military judge may not be challenged except for cause.”

Subsec. (c). Pub. L. 101–510, § 541(d), added subsec. (c).

1968—Subsec. (a). Pub. L. 90–632, § 2(17)(A), (B), inserted reference to the military judge and struck out references to the law officer of a general court-martial.

Subsec. (b). Pub. L. 90–632, § 2(17)(C), substituted “military judge” for “law officer”.

Effective Date of 2016 Amendment

Amendment by Pub. L. 114–328 effective on the date designated by the President, not later than the first day of the first calendar month beginning two years after

Dec. 23, 2016

, with implementing regulations prescribed by the President not later than one year after

Dec. 23, 2016

, and with provisions relating to applicability to various situations, see section 5542 of Pub. L. 114–328, set out as a note under section 801 of this title.

Effective Date of 1990 Amendment

Amendment by Pub. L. 101–510 applicable only to court-martial convened on or after

Nov. 5, 1990

, see section 541(e) of Pub. L. 101–510, set out as a note under section 839 of this title.

Effective Date of 1968 Amendment

Amendment by Pub. L. 90–632 effective first day of tenth month following October 1968, see section 4 of Pub. L. 90–632, set out as a note under section 801 of this title.

§ 841. Art. 41. Challenges

Art. 41. Challenges

Amendment of Subsections (a) and (b)(2)

Amendments

Effective Date of 2016 Amendment

Effective Date of 1990 Amendment

Effective Date of 1968 Amendment