Arkansas Code Title 12, Subtitle 4, Chapter 64, Subchapter 5 - Procedure

• § 12-64-501 - Statutes 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...
• § 12-64-502 - Charges and Specifications.
  (a) Charges and specifications shall be signed by a person subject to this code under oath before a person authorized by this code to...
• § 12-64-503 - Compulsory Self-Incrimination Prohibited.
  (a) No person subject to this code may compel any person to incriminate himself or herself or to answer any question, the answer to...
• § 12-64-504 - Investigation.
  (a) (1) No charge or specification may be referred to a general court-martial for trial until a thorough and impartial investigation of all the...
• § 12-64-505 - Reference for Trial.
  (a) Before directing the trial of any charge by general court-martial, the convening authority shall refer it to the State Judge Advocate for consideration...
• § 12-64-506 - Forwarding of Charges.
  When a person is held for trial by general court-martial, the commanding officer shall, within eight (8) days after the accused is ordered into...
• § 12-64-507 - Service of Charges.
  (a) The trial counsel to whom court-martial charges are referred for trial shall cause to be served upon the accused a copy of the...
• § 12-64-508 - Procedural Rules.
  The procedure used by general, special, and summary courts-martial shall be the same as those used by similar courts of the United States Army...
• § 12-64-509 - 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,...
• § 12-64-510 - Duties of Trial 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...
• § 12-64-511 - Sessions -- Records of Proceedings.
  (a) Whenever a general or special court-martial deliberates or votes, only the members of the court may be present.(b) After a general court-martial has...
• § 12-64-512 - 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.
• § 12-64-513 - Challenges.
  (a) (1) Members of a general or special court-martial and the military judge of a general or special court-martial may be challenged by the...
• § 12-64-514 - Oaths.
  (a) The military judge, interpreters, and, in general and special courts-martial, members, trial counsel, assistant trial counsel, defense counsel, assistant defense counsel, and reporters...
• § 12-64-515 - Pleas of the Accused.
  If an accused arraigned before a court-martial makes an irregular pleading, or enters a plea of guilty improvidently or through lack of understanding of...
• § 12-64-516 - Obtaining 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...
• § 12-64-517 - Depositions.
  (a) (1) At any time after charges have been signed as provided herein, any party may take oral or written depositions unless an authority...
• § 12-64-518 - Issuance of Process, Subpoenas, Etc.
  (a) Military courts may issue all process and mandates necessary to carry into effect the powers vested in those courts.(b) The courts may issue...
• § 12-64-519 - Refusal to Appear or Testify.
  Any person not subject to this code is guilty of an offense against the state and may be punished in the same manner as...
• § 12-64-520 - Contempt.
  (a) A military court may punish for contempt any person who uses any menacing word, sign, or gesture in its presence, or who disturbs...
• § 12-64-521 - [Repealed.]
• § 12-64-522 - Votes and Rulings.
  (a) (1) Voting by members of a general or special court-martial upon question of challenge, on the findings, and on the sentence shall be...
• § 12-64-523 - Convictions, Sentences, Etc. -- Number of Votes Required.
  (a) No person may be convicted of an offense except by the concurrence of two-thirds (2/3) of the members present at the time the...
• § 12-64-524 - Announcement of Action.
  A court-martial shall announce its findings and sentence to the parties as soon as determined.
• § 12-64-525 - Record of Trial.
  (a) Each general, special, and summary court-martial shall keep a separate record of the proceedings of the trial of each case brought before it.(b)...
• § 12-64-526 - Double Jeopardy.
  (a) No person may without his or her consent be tried a second time in any court of the state for the same offense.(b)...

Last modified: November 15, 2016