
From the U.S. Code Online via GPO Access
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[Laws in effect as of January 2, 2001]
[Document not affected by Public Laws enacted between
  January 2, 2001 and January 28, 2002]
[CITE: 10USC851]

 
                         TITLE 10--ARMED FORCES
 
                    Subtitle A--General Military Law
 
                           PART II--PERSONNEL
 
              CHAPTER 47--UNIFORM CODE OF MILITARY JUSTICE
 
                     SUBCHAPTER VII--TRIAL PROCEDURE
 
Sec. 851. Art. 51. Voting and rulings

    (a) Voting by members of a general or special court-martial on the 
findings and on the sentence, and by members of a court-martial without 
a military judge upon questions of challenge, shall be by secret written 
ballot. The junior member of the court shall count the votes. The count 
shall be checked by the president, who shall forthwith announce the 
result of the ballot to the members of the court.
    (b) The military judge and, except for questions of challenge, the 
president of a court-martial without a military judge shall rule upon 
all questions of law and all interlocutory questions arising during the 
proceedings. Any such ruling made by the military judge upon any 
question of law or any interlocutory question other than the factual 
issue of mental responsibility of the accused, or by the president of a 
court-martial without a military judge upon any question of law other 
than a motion for a finding of not guilty, is final and constitutes the 
ruling of the court. However, the military judge or the president of a 
court-martial without a military judge may change his ruling at any time 
during trial. Unless the ruling is final, if any member objects thereto, 
the court shall be cleared and closed and the question decided by a 
voice vote as provided in section 852 of this title (article 52), 
beginning with the junior in rank.
    (c) Before a vote is taken on the findings, the military judge or 
the president of a court-martial without a military judge shall, in the 
presence of the accused and counsel, instruct the members of the court 
as to the elements of the offense and charge them--
        (1) that the accused must be presumed to be innocent until his 
    guilt is established by legal and competent evidence beyond 
    reasonable doubt;
        (2) that in the case being considered, if there is a reasonable 
    doubt as to the guilt of the accused, the doubt must be resolved in 
    favor of the accused and he must be acquitted;
        (3) that, if there is a reasonable doubt as to the degree of 
    guilt, the finding must be in a lower degree as to which there is no 
    reasonable doubt; and
        (4) that the burden of proof to establish the guilt of the 
    accused beyond reasonable doubt is upon the United States.

    (d) Subsections (a), (b), and (c) do not apply to a court-martial 
composed of a military judge only. The military judge of such a court-
martial shall determine all questions of law and fact arising during the 
proceedings and, if the accused is convicted, adjudge an appropriate 
sentence. The military judge of such a court-martial shall make a 
general finding and shall in addition on request find the facts 
specially. If an opinion or memorandum of decision is filed, it will be 
sufficient if the findings of fact appear therein.

(Aug. 10, 1956, ch. 1041, 70A Stat. 54; Pub. L. 90-632, Sec. 2(21), Oct. 
24, 1968, 82 Stat. 1340.)

                                          Historical and Revision Notes
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            Revised section                      Source (U.S. Code)            
   Source (Statutes at Large)
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851(a)................................  50:626(a).                           Ma
y 5, 1950, ch. 169, Sec.  1 (Art.
851(b)................................  50:626(b).                            5
1), 64 Stat. 124.
851(c)................................  50:626(c).
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---------------------------------

    In subsection (a), the words ``in each case'' are omitted as 
surplusage.
    In subsection (b), the word ``is'' is substituted for the words 
``shall be'' in the second sentence. The word ``constitutes'' is 
substituted for the words ``shall constitute''. The word ``However,'' is 
substituted for the word ``but''. The word ``his'' is substituted for 
the words ``any such''. The words ``the ruling is'' are substituted for 
the words ``such ruling be''. The words ``voice vote'' are substituted 
for the words ``vote * * * viva voce''.
    In subsection (c), the word ``must'' is substituted for the word 
``shall'' in clause (2), since a condition is prescribed, not a command. 
The words ``United States'' are substituted for the word ``Government''.


                               Amendments

    1968--Subsec. (a). Pub. L. 90-632, Sec. 2(21)(A), limited the 
balloting on the question of challenges to courts-martial without 
military judges.
    Subsec. (b). Pub. L. 90-632, Sec. 2(21)(B), substituted ``military 
judge'' for ``law officer'' and inserted reference to the military 
judge's ruling upon challenges for cause when a military judge is part 
of a court-martial and reference to questions of law.
    Subsec. (c). Pub. L. 90-632, Sec. 2(21)(C), substituted ``military 
judge'' for ``law officer'' and made minor changes in phraseology 
eliminating the division between general and special court-martials.
    Subsec. (d). Pub. L. 90-632, Sec. 2(21)(D), added subsec. (d).


                    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.
