39A-5-223. Vote necessary for conviction or other questions — Tie votes.
| (1) |
The accused may not be convicted of any offense except by a unanimous verdict of the members of the court present at the time the vote is taken. |
Terms Used In Utah Code 39A-5-223
- Conviction: A judgement of guilt against a criminal defendant.
- Military: means any or all of the armed forces of the United States. See Utah Code 39A-5-102
- Verdict: The decision of a petit jury or a judge.
| (2) |
All other questions decided by the members of a military court are determined by a majority vote. A determination to reconsider a finding of guilty, to reconsider a sentence, or to decrease a sentence, may be made by any lesser vote which indicates that the reconsideration is not opposed by the number of votes required for that finding or sentence. |
| (3) |
| (a) |
A tie vote on a challenge disqualifies the member challenged. |
| (b) |
A tie vote on a motion for a finding of not guilty or on a motion relating to the question of the accused’s sanity is a determination against the accused. |
| (c) |
A tie vote on any other question is a determination in favor of the accused. |
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Renumbered and Amended by Chapter 373, 2022 General Session
