Mass. Gen. Laws ch. 33A – Massachusetts Code of Military Justice | Midpage

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Massachusetts General Laws

Chapter 33A

Mass. Gen. Laws ch. 33A

Massachusetts Code of Military Justice

1Definitions 2Persons subject to this code; jurisdiction 3Jurisdiction to try certain personnel 5Territorial applicability of the code 6Judge Advocates 7Apprehension 9Imposition of restraint 10Restraint of persons charged with offenses 11Place of confinement; Reports and receiving of prisoners 12Confinement with enemy prisoners prohibited 13Punishment prohibited before trial 14Delivery of offenders to civil authorities 15Commanding officer's non-judicial punishment 16Courts-martial classified 17Jurisdiction of courts-martial in general 18Jurisdiction of general courts-martial 19Jurisdiction of special courts-martial 20Jurisdiction of summary courts-martial 22Who may convene general courts-martial 23Who may convene special courts-martial 24Who may convene summary courts-martial 25Who may serve on courts-martial 26Military judge of a general or special court-martial 27Detail of trial counsel and defense counsel 28Detail or employment of reporters and interpreters 29Absent and additional members 30Charges and specifications 31Compulsory self-incrimination prohibited 32Investigation 33Forwarding of charges 34Advice of judge advocate and reference for trial 35Service of charges 36Commander-in-chief or the adjutant general may prescribe rules 37Unlawfully influencing action of court 38Duties of trial counsel and defense counsel 39Sessions 40Continuances 41Challenges 42Oaths or affirmations 43Statute of limitations 44Former jeopardy 45Pleas of the accused 46Opportunity to obtain witnesses and other evidence 47Refusal to appear or testify 48Contempt 49Depositions 50Admissibility of records of courts of inquiry 50ADefense of lack of mental responsibility 51Voting and rulings 52Number of votes required 53Court to announce action 54Record of trial 55Cruel and unusual punishments prohibited 56Maximum limits 57Effective date of sentences 57ADeferment of sentences 58Execution of confinement 58ASentences: reduction in enlisted grade upon approval 58BSentences: forfeiture of pay and allowances during confinement 59Error of law; lesser included offense 60Action by the convening authority 61Withdrawal of appeal 62Appeal by the state 63Rehearings 64Review by the senior force judge advocate 65Disposition of records after review by the convening authority 67AReview by state appellate authority 70Appellate counsel 71Execution of sentence; suspension of sentence 72Vacation of suspension 73Petition for a new trial 74Remission and suspension 75Restoration 76Finality of proceedings, findings and sentences 76ALeave required to be taken pending review of certain court-martial convictions 76BLack of mental capacity or mental responsibility: commitment of accused for examination and treatment 77Principals 78Accessory after the fact 79Conviction of lesser included offense 80Attempt 81Conspiracy 82Solicitation 83Fraudulent enlistment, appointment or separation 84Unlawful enlistment, appointment or separation 85Desertion 86Absence without leave 87Missing movement 88Contempt toward officials 89Disrespect toward superior commissioned officer 90Assaulting or willfully disobeying superior commissioned officer 91Insubordinate conduct toward warrant officer, noncommissioned officer or petty officer 92Failure to obey order or regulation 93Cruelty and maltreatment 94Mutiny or sedition 95Resistance, flight, breach of arrest and escape 96Releasing prisoner without proper authority 97Unlawful detention 98Noncompliance with procedural rules 99Misbehavior before the enemy 100Subordinate compelling surrender 101Improper use of countersign 102Forcing a safeguard 103Captured or abandoned property 104Aiding the enemy 105Misconduct as prisoner 107False official statements 108Loss, damage, destruction or wrongful disposition of military property 109Waste, spoilage or destruction of non-military property 110Improper hazarding of vessel 112Drunk on duty 112AWrongful use, possession, manufacturing, distribution, and importing of controlled substances 113Misbehavior of sentinel 114Dueling 115Malingering 116Riot or breach of peace 117Provoking speeches or gestures 132Frauds against the government 133Conduct unbecoming an officer 134General article 135Courts of inquiry 136Authority to administer oaths and to act as notary 137Articles to be made available 138Complaints of wrongs 139Redress of injuries to property 140Delegation by the Commander-in-chief 141Payment of fees, costs, and expenses 142Payment of fines and disposition thereof 143Uniformity of interpretation and Military Rules of Evidence 144Immunity for action of military courts 145Severability 146Short title