Chapter 38.38 RCW

WASHINGTON CODE OF MILITARY JUSTICE

Sections
PART IGENERAL PROVISIONS
DefinitionsConstruction.
Persons subject to this code.
Jurisdiction to try certain personnel.
Dismissal of commissioned officer.
Territorial applicability of the code.
Judge advocates and legal officers.
PART IIAPPREHENSION AND RESTRAINT
Apprehension.
Apprehension of deserters.
Imposition of restraint.
Restraint of persons charged with offenses.
Confinement in jails.
Reports and receiving of prisoners.
Punishment prohibited before trial.
Delivery of offenders to civil authorities.
PART IIINONJUDICIAL PUNISHMENT
Commanding officer's nonjudicial punishmentSuspensionAppeal.
PART IVCOURTS-MARTIAL JURISDICTION
Courts-martial of organized militia not in federal serviceCompositionJurisdictionPowers and proceedings.
Jurisdiction of courts-martial in general.
Jurisdiction of general courts-martial.
Jurisdiction of special courts-martialDishonorable discharge.
Jurisdiction of summary courts-martial.
Sentences of dismissal or dishonorable discharge to be approved by the governor.
Complete record of proceedings and testimony if dishonorable discharge or dismissal adjudged.
Confinement instead of fine.
PART VAPPOINTMENT AND COMPOSITION
OF COURTS-MARTIAL
Who may convene general courts-martial.
Special courts-martial of organized militia not in federal serviceWho may convene.
Summary courts-martial of organized militia not in federal serviceWho may convene.
Who may serve on courts-martial.
Military judge of a general or special court-martial.
Military judgesQualifications.
Detail of trial counsel and defense counsel.
Detail or employment of reporters and interpreters.
Absent and additional members.
PART VIPRETRIAL PROCEDURE
Charges and specifications.
Compulsory self-incrimination prohibited.
Investigation.
Forwarding of charges.
Advice of state judge advocate and reference for trial.
Service of charges.
PART VIITRIAL PROCEDURE
Governor may prescribe rules.
Unlawfully influencing action of court.
Duties of trial counsel and defense counsel.
Sessions.
Continuances.
Challenges.
Oaths.
Statute of limitations.
Former jeopardy.
Pleas of the accused.
Opportunity to obtain witnesses and other evidence.
Refusal to appear or testifyPenalty.
Contempts.
Depositions.
Admissibility of records of courts of inquiry.
Voting, rulings, instructions.
Number of votes required.
Court to announce action.
Record of trial.
PART VIIISENTENCES
Cruel and unusual punishments prohibited.
Maximum limitsReduction in pay grade.
Effective date of sentences.
Execution of confinement.
PART IXREVIEW OF COURTS-MARTIAL
Execution of sentenceSuspension of sentence.
Initial action on the record.
Initial action on the recordGeneral court-martial records.
Reconsideration and revision.
Rehearings.
Approval by the convening authority.
Review of recordsDisposition.
Error of lawLesser included offense.
Review counsel.
Vacation of suspension.
Petition for a new trial.
Remission and suspension.
Restoration.
Finality of proceedings, findings and sentences.
PART XPUNITIVE ARTICLES
Persons to be tried or punished.
Principals.
Accessory after the fact.
Conviction of lesser included offense.
Attempts.
Conspiracy.
Solicitation.
Fraudulent enlistment, appointment, or separation.
Unlawful enlistment, appointment, or separation.
Desertion.
Absence without leave.
Missing movement.
Contempt towards officials.
Disrespect towards superior commissioned officer.
Assaulting or willfully disobeying superior commissioned officer.
Insubordinate conduct toward warrant officer or noncommissioned officer.
Failure to obey order or regulation.
Cruelty and maltreatment.
Mutiny or sedition.
Resistance, breach of arrest, and escape.
Releasing prisoner without proper authority.
Unlawful detention of another.
Noncompliance with procedural rules.
Misbehavior before the enemy.
Subordinate compelling surrender.
Improper use of countersign.
Forcing a safeguard.
Captured or abandoned property.
Aiding the enemy.
Misconduct of a prisoner.
False official statements.
Military propertyLoss, damage, destruction, or wrongful disposition.
Property other than military propertyWaste, spoilage, or destruction.
Improper hazarding of vessel.
Reckless or impaired operation of a vehicle, aircraft, or vessel.
Use, possession, or distribution of controlled substances.
Drunk on dutySleeping on postLeaving post before relief.
Dueling.
Malingering.
Riot or breach of peace.
Provoking speeches or gestures.
Assault upon another member of the organized militia.
Larceny and wrongful appropriation.
Perjury.
Frauds against the government.
Conduct unbecoming an officer and a gentleman.
General article.
PART XIMISCELLANEOUS PROVISIONS
Courts of inquiry.
Authority to administer oaths.
Sections to be explained.
Complaints of wrongs.
Redress of injuries to property.
Execution of process and sentence.
Process of military courts.
Payment of fines and disposition thereof.
Immunity for action of military courts.
Presumption of jurisdiction.
Delegation of authority by the governor.
Uniformity of interpretation.
Short title.
NOTES:
Reviser's note: Article numbers in this chapter parallel equivalent sections in the federal Uniform Code of Military Justice and do not constitute part of the law.
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