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31-2A-37
Section 31-2A-37 (Article 37.) Unlawfully influencing action of court. (a) No authority convening
a general, special, or summary court-martial, nor any other commanding officer, or officer
serving on the staff thereof, may censure, reprimand, or admonish the court or any member,
the military judge, or counsel thereof, with respect to the findings or sentence adjudged
by the court or with respect to any other exercise of its or their functions in the conduct
of the proceedings. No person subject to this code may attempt to coerce or, by any unauthorized
means, influence the action of a court-martial or court of inquiry or any member thereof,
in reaching the findings or sentence in any case, or the action of any convening, approving,
or reviewing authority with respect to its judicial acts. This subsection shall not apply
to either of the following: (1) General instructional or informational courses in military
justice if such courses are designed solely for the purpose of instructing...
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31-2A-29
Section 31-2A-29 (Article 29.) Absent and additional members. (a) No member of a general or
special court-martial may be absent or excused after the court has been assembled for the
trial of the accused unless excused as a result of a challenge, excused by the military judge
for physical disability or other good cause, or excused by order of the convening authority
for good cause. (b) Whenever a general court-martial, other than a general court-martial composed
of a military judge only, is reduced below five members, the trial may not proceed unless
the convening authority details new members sufficient in number to provide not less than
the applicable minimum number of five members. The trial may proceed with the new members
present after the recorded evidence previously introduced before the members of the court
has been read to the court in the presence of the military judge, the accused, and counsel
for both sides. (c) Whenever a special court-martial, other than a special...
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31-2A-39
Section 31-2A-39 (Article 39.) Sessions. (a) At any time after the service of charges which
have been referred for trial to a court-martial composed of a military judge and members,
the military judge, subject to Section 31-2A-35 (Article 35), may call the court into session
without the presence of the members for the purpose of: (1) Hearing and determining motions
raising defenses or objections which are capable of determination without trial of the issues
raised by a plea of not guilty. (2) Hearing and ruling upon any matter which may be ruled
upon by the military judge under this code, whether or not the matter is appropriate for later
consideration or decision by the members of the court. (3) Holding the arraignment and receiving
the pleas of the accused. (4) Performing any other procedural function which does not require
the presence of the members of the court under this code. These proceedings shall be conducted
in the presence of the accused, the defense counsel, and the trial...
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31-2A-50a
Section 31-2A-50a (Article 50a.) Defense of lack of mental responsibility. (a) It is an affirmative
defense in a trial by court-martial that, at the time of the commission of the acts constituting
the offense, the accused, as a result of a severe mental disease or defect, was unable to
appreciate the nature and quality or the wrongfulness of the acts. Mental disease or defect
does not otherwise constitute a defense. (b) The accused has the burden of proving the defense
of lack of mental responsibility by clear and convincing evidence. (c) Whenever lack of mental
responsibility of the accused with respect to an offense is properly at issue, the military
judge shall instruct the members of the court as to the defense of lack of mental responsibility
under this article and charge members to find the accused any one of the following: (1) Guilty.
(2) Not guilty. (3) Not guilty only by reason of lack of mental responsibility. (d) Subsection
(c) does not apply to a court-martial composed of a...
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31-2A-64
Section 31-2A-64 (Article 64.) Review by the Senior Judge Advocate. (a) Each general and special
court-martial case in which there has been a finding of guilty shall be reviewed by the senior
judge advocate, or a designee for the convening authority. The senior judge advocate, or designee,
may not review a case under this subsection if that person has acted in the same case as an
accuser, investigating officer, member of the court, military judge, or counsel or has otherwise
acted on behalf of the prosecution or defense. The senior judge advocate's review shall be
in writing and shall contain all of the following: (1) Conclusions as to whether: a. The court
had jurisdiction over the accused and the offense. b. The charge and specification stated
an offense. c. The sentence was within the limits prescribed as a matter of law. (2) A response
to each allegation of error made in writing by the accused. (3) If the case is sent for action
under subsection (b), a recommendation as to the...
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31-2A-25
Section 31-2A-25 (Article 25.) Who may serve on courts-martial. (a) Any commissioned officer
of the Alabama National Guard is eligible to serve on all courts-martial for the trial of
any person subject to this code. (b) Any warrant officer of the Alabama National Guard is
eligible to serve on general and special courts-martial for the trial of any person subject
to this code, other than a commissioned officer. (c) Any enlisted member of the state military
forces who is not a member of the same unit as the accused is eligible to serve on general
and special courts-martial for the trial of any enlisted member subject to this code, but
that member shall serve as a member of a court only if, before the conclusion of a session
called by the military judge under Section 31-2A-39a (Article 39(a)) prior to trial or, in
the absence of such a session, before the court is assembled for the trial of the accused,
the accused personally has requested orally on the record or in writing that enlisted...
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31-2A-54
Section 31-2A-54 (Article 54.) Record of trial. (a) Each general and special court-martial
shall keep a separate record of the proceedings in each case brought before it, and the record
shall be authenticated by the signature of the military judge. If the record cannot be authenticated
by the military judge by reason of his or her death, disability, or absence, it shall be authenticated
by the signature of the trial counsel or by that of a member, if the trial counsel is unable
to authenticate it by reason of his or her death, disability, or absence. In a court-martial
consisting of only a military judge, the record shall be authenticated by the court reporter
under the same conditions which would impose such a duty on a member under this subsection.
(b)(1) A complete verbatim record of the proceedings and testimony shall be prepared in each
general and special court-martial case resulting in a conviction. (2) In all other court-martial
cases, the record shall contain such matters as...
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12-18-5
Section 12-18-5 Applicability of article to justices and judges; contributions to retirement
fund; granting of credit for military service. (a) Every justice of the Supreme Court, judge
of the Court of Civil Appeals, judge of the Court of Criminal Appeals, and judge of the circuit
court of the state holding office on September 18, 1973, shall have the right of election
to come under this article. Each justice or judge holding office on September 18, 1973, shall
have the right, within three years from September 18, 1973, to file with the clerk of the
Supreme Court of Alabama, an instrument in writing electing to come under this article. Each
justice or judge of such courts elected or appointed to office after September 18, 1973, shall
come under this article as a matter of law. After September 18, 1973, each justice and each
judge who has elected to come under this article as provided by this section or who comes
under this article by operation of law shall contribute to the Judicial...
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31-2A-1
Section 31-2A-1 (Article 1.) Definitions. For the purposes of this code, unless the context
otherwise requires, the following words have the following meanings: (1) ACCUSER. A person
who signs and swears to charges, any person who directs that charges nominally be signed and
sworn to by another, and any other person who has an interest other than an official interest
in the prosecution of the accused. (2) CADET, CANDIDATE, or MIDSHIPMAN. A person who is enrolled
in or attending a state military academy, a regional training institute, or any other formal
education program for the purpose of becoming a commissioned officer in the state military
forces. (3) CLASSIFIED INFORMATION. Information that meets all of the following requirements:
a. Any information or material that has been determined by an official of the United States
or any state pursuant to law, an Executive order, or regulation to require protection against
unauthorized disclosure for reasons of national or state security. b....
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15-9-41
Section 15-9-41 Arrest without warrant - When authorized; persons authorized to make arrest;
appearance of accused before judge. The arrest of a person may be lawfully made also by an
officer or a private citizen without a warrant upon reasonable information that the accused
stands charged with a crime punishable by death or life imprisonment in the courts of another
state. When so arrested, the accused must be taken before a district or circuit court judge
with all practicable speed and complaint must be made against him under oath setting forth
the ground for the arrest as in Section 15-9-40, and thereafter his answer shall be heard
as if he had been arrested on a warrant. (Acts 1931, No. 482, p. 559; Code 1940, T. 15, ยง61.)...
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