31-2A-46
Section 31-2A-46 (Article 46.) Opportunity to obtain witnesses and other evidence; subpoena.
The trial counsel, the defense counsel, and the court-martial shall have equal opportunity
to obtain witnesses and other evidence as prescribed by regulations and provided by law. Process
issued in court-martial cases to compel witnesses to appear and testify and to compel the
production of other evidence shall apply the principles of law and the rules of courts-martial
generally recognized in military criminal cases in the courts of the Armed Forces of the United
States, but which may not be contrary to or inconsistent with this code. Process shall run
to any part of the United States, or the territories, commonwealths, and possessions, and
may be executed by civil officers as prescribed by the laws of the place where the witness
or evidence is located or outside of the United States. A court-martial convened under this
code may subpoena and compel the presence of witnesses and the production...
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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-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-27
Section 31-2A-27 (Article 27.) Detail of trial counsel and defense counsel. (a)(1) Trial counsel
and defense counsel shall be detailed for each general and special court-martial. The Alabama
National Guard shall prescribe regulations providing the manner in which counsel are detailed
for such court-martial and for persons who are authorized to detail counsel for such court-martial.
(2) No person who has acted as investigating officer, military judge, witness, or court member
in any case may act later as trial counsel, assistant trial counsel, or, unless expressly
requested by the accused, as defense counsel or assistant or associate defense counsel in
the same case. No person who has acted for the prosecution may act later in the same case
for the defense nor may any person who has acted for the defense act later in the same case
for the prosecution. (3) Except as provided in subsection (b), trial counsel or defense counsel
detailed for a general or special court-martial must be a...
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31-2A-48
Section 31-2A-48 (Article 48.) Contempt. A military judge or summary court-martial officer
may punish for contempt any person who uses any menacing word, sign, or gesture in its presence,
or who disturbs its proceedings by any riot or disorder. A person subject to this code may
be punished for contempt by confinement not to exceed five days or a fine of one hundred dollars
($100), or both. A person not subject to this code may be punished for contempt by a military
court in the same manner as a criminal court of the state. (Act 2012-334, p. 790, §1.)...

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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-16
Section 31-2A-16 (Article 16.) Courts-martial classified. The three kinds of courts-martial
in the state military forces are: (1) General courts-martial, consisting of either of the
following: a. A military judge and not less than five members. b. Only a military judge, if
before the court is assembled the accused, knowing the identity of the military judge and
after consultation with defense counsel, requests orally on the record or in writing a court
composed only of a military judge and the military judge approves. (2) Special courts-martial,
consisting of either of the following: a. A military judge and not less than three members.
b. Only a military judge, if one has been detailed to the court, and the accused under the
same conditions as those prescribed in paragraph b. of subdivision (1) so requests. (3) Summary
courts-martial, consisting of one commissioned officer. (Act 2012-334, p. 790, §1.)...
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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-32
Section 31-2A-32 (Article 32.) Preliminary hearing; report. (a) No charge or specification
may be referred to a general court-martial for trial until the completion of a preliminary
hearing, unless the preliminary hearing is waived by the accused. The purpose of the preliminary
hearing shall be limited to the following: (1) Determining whether there is probable cause
to believe an offense has been committed and the accused committed the offense. (2) Determining
whether the convening authority has court-martial jurisdiction over the offense and the accused.
(3) Considering the form of charges. (4) Recommending the disposition that should be made
of the case. (b) A preliminary hearing under subsection (a) shall be conducted by a hearing
officer who satisfies all of the following: (1) The hearing officer shall be an impartial
judge advocate whenever practicable or, in exceptional circumstances in which the interests
of justice warrant, an impartial hearing officer who is not a judge...
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31-2A-135
Section 31-2A-135 (Article 135.) Courts of inquiry. (a) Courts of inquiry to investigate any
matter of concern to the state military forces may be convened by any person authorized to
convene a general court-martial, whether or not the persons involved have requested such an
inquiry. (b) A court of inquiry consists of three or more commissioned officers. For each
court of inquiry, the convening authority shall also appoint counsel for the court. (c) Any
person subject to this code whose conduct is subject to inquiry shall be designated as a party.
Any person subject to this code who has a direct interest in the subject of inquiry has the
right to be designated as a party upon request to the court. Any person designated as a party
shall be given due notice and has the right to be present, to be represented by counsel, to
cross-examine witnesses, and to introduce evidence. (d) Members of a court of inquiry may
be challenged by a party, but only for cause stated to the court. (e) The...
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