Hawaii Revised Statutes 124a. Hawaii Code of Military Justice

PART I. GENERAL PROVISIONS

PART II. APPREHENSION AND RESTRAINT

PART III. NONJUDICIAL PUNISHMENT

PART IV. COURTS-MARTIAL JURISDICTION

PART V. APPOINTMENT AND COMPOSITION OF COURTS-MARTIAL

PART VI. PRE-TRIAL PROCEDURE

PART VII. TRIAL PROCEDURE

  • 124a-61 Governor to Adopt Rules.
    Pretrial, trial, and post-trial procedures, including modes of proof, for cases arising under this chapter triable in courts-martial and other military tribunals, and procedures...
  • 124a-62 Unlawfully Influencing Action of Court.
    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,...
  • 124a-63 Duties of Trial Counsel and Defense Counsel.
    (a) The trial counsel of a general or special court-martial shall prosecute in the name of the State, and shall, under the direction of...
  • 124a-64 Sessions.
    Whenever a general or special court-martial deliberates or votes, only the members of the court may be present. After a general court-martial has finally...
  • 124a-65 Continuances.
    A court-martial may, for reasonable cause, grant a continuance to any party for such time, and as often, as may appear to be just....
  • 124a-66 Challenges.
    (a) Members of a general or special court-martial and the law officer of a general court-martial may be challenged by the accused or the...
  • 124a-67 Oaths.
    (a) The law officer, interpreters, and, in general and special courts-martial, members, trial counsel, assistant trial counsel, defense counsel, assistant defense counsel, and reporters...
  • 124a-68 Statute of Limitations.
    (a) A person charged with desertion or absence without leave in time of war, or with aiding the enemy or with mutiny may be...
  • 124a-69 Former Jeopardy.
    (a) No person may, without the person's consent, be tried a second time in any military court of the State for the same offense....
  • 124a-70 Pleas of the Accused.
    If an accused arraigned before a court-martial makes an irregular pleading, or after a plea of guilty sets up matter inconsistent with the plea,...
  • 124a-71 Opportunity to Obtain Witnesses and Other Evidence.
    (a) The trial counsel, the defense counsel, and the court-martial shall have equal opportunity to obtain witnesses and other evidence in accordance with such...
  • 124a-72 Refusal to Appear or Testify.
    Any person not subject to this chapter who: (1) Has been duly subpoenaed to appear as a witness or to produce books and records...
  • 124a-73 Contempts.
    A military court may punish for contempt any person who uses any menacing word, sign, or gesture in its presence, or who disturbs its...
  • 124a-74 Depositions.
    (a) At any time after charges have been signed, as provided in section 124A-51, any party may take oral or written depositions unless an...
  • 124a-75 Admissibility of Records of Courts of Inquiry.
    (a) In any case not extending to the dismissal of a commissioned officer, the sworn testimony, contained in the duly authenticated record of proceedings...
  • 124a-76 Voting and Rulings.
    (a) Voting by members of a general or special court-martial upon questions of challenge, on the findings, and on the sentence shall be by...
  • 124a-77 Number of Votes Required.
    (a) No person may be convicted of an offense, except by the concurrence of two-thirds of the members present at the time that the...
  • 124a-78 Court to Announce Action.
    A court-martial shall announce its findings and sentence to the parties as soon as determined. [L 1982, c 171, pt of ยง2]
  • 124a-79 Record of Trial.
    (a) Each court-martial shall keep a separate record of the proceedings of the trial of each case brought before it and the record shall...

PART VIII. SENTENCES

  • 124a-81 Cruel and Unusual Punishments Prohibited.
    Cruel or unusual punishment may not be adjudged by any court-martial or inflicted upon any person subject to this chapter. The use of irons,...
  • 124a-82 Maximum Limits.
    The punishment which a court-martial may direct for an offense may not exceed limits prescribed by this chapter. [L 1982, c 171, pt of
  • 124a-83 Effective Date of Sentences.
    (a) Whenever a sentence of a court-martial as lawfully adjudged and approved includes a forfeiture of pay or allowances in addition to confinement not...
  • 124a-84 Execution of Confinement.
    (a) A sentence of confinement adjudged by a military court, whether or not the sentence includes discharge or dismissal, and whether or not the...

PART IX. REVIEW OF COURTS-MARTIAL

  • 124a-91 Execution of Sentence; Suspension of Sentence.
    Except as provided in sections 124A-37 and 124A-97, a court-martial sentence, unless suspended, may be ordered executed by the convening authority when approved by...
  • 124a-92 Initial Action on the Record.
    After a trial by court-martial the record shall be forwarded to the convening authority, as reviewing authority, and action thereon may be taken by...
  • 124a-93 General Court-Martial Records; Opinion by Staff Judge Advocate.
    The convening authority shall refer the record of each general court-martial to the staff judge advocate who shall submit the staff judge advocate's written...
  • 124a-94 Reconsideration and Revision.
    (a) If a specification before a court-martial has been dismissed on motion and the ruling does not amount to a finding of not guilty,...
  • 124a-95 Rehearings.
    (a) If the convening authority disapproves the findings and sentence of a court-martial, the convening authority may, except where there is lack of sufficient...
  • 124a-96 Approval by the Convening Authority.
    In acting on the findings and sentence of a court-martial, the convening authority may approve only such findings of guilty, and the sentence or...
  • 124a-97 Review of Records; Disposition.
    (a) If the convening authority is the governor, the convening authority's action on the review of any record of trial is final, subject only...
  • 124a-98 Error of Law; Lesser Included Offense.
    (a) A finding or sentence of a court-martial may not be held incorrect on the ground of an error of law unless the error...
  • 124a-99 Review Counsel.
    (a) Upon the final review of a sentence of a general court-martial or of a sentence to a bad-conduct discharge, the accused has the...
  • 124a-100 Vacation of Suspension.
    (a) Before the vacation of the suspension of a special court-martial sentence which as approved includes a bad-conduct discharge, or of any general court-martial...
  • 124a-101 Petition for a New Trial.
    At any time within two years after approval by the convening authority of a court-martial sentence which extends to dismissal, dishonorable or bad-conduct discharge,...
  • 124a-102 Remission and Suspension.
    (a) A convening authority may remit or suspend any part or amount of the unexecuted part of any sentence, including all uncollected forfeitures. (b)...
  • 124a-103 Restoration.
    (a) Under such rules as the governor may adopt, all rights, privileges, and property affected by an executed part of a court-martial sentence which...
  • 124a-104 Finality of Proceedings, Findings, and Sentences.
    The proceedings, findings, and sentences of courts-martial as reviewed and approved, as required by this chapter, and all dismissals and discharges carried into execution...
  • 124a-105 Judicial Review.
    (a) An accused, who was tried by a special or general court-martial and who still deems the accused's self aggrieved after the accused has...

PART X. PUNITIVE ARTICLES

PART XI. MISCELLANEOUS PROVISIONS

Last modified: October 27, 2016