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2018 Georgia Code 38-2-1054 | Car Wreck Lawyer

Link to State of Georgia Official Statute 2018 Georgia Code Annotated (sourced from legal.resource.org)
O.C.G.A. 38-2-1054 Case Law from Google Scholar Amendments to OCGA 38-2-1054

TITLE 38 MILITARY, EMERGENCY MANAGEMENT, AND VETERANS AFFAIRS

Section 2. Military Affairs, 38-2-1 through 38-2-1145.

ARTICLE 5 CODE OF MILITARY JUSTICE

38-2-1054. Trial record; contents; authentication; accused entitled to copy.

  1. Each general and special court-martial shall keep a separate record of the proceedings in each case brought before it, and the record shall be authenticated by the signature of the military judge. If the record cannot be authenticated by the military judge by reason of his or her death, disability, or absence, it shall be authenticated by the signature of the trial counsel or by that of a member, if the trial counsel is unable to authenticate it by reason of his or her death, disability, or absence. In a court-martial consisting of only a military judge, the record shall be authenticated by the court reporter under the same conditions which would impose such a duty on a member under this subsection.
    1. A complete verbatim record of the proceedings and testimony shall be prepared in each general and special court-martial case resulting in a conviction.
    2. In all court-martial cases other than as provided for by paragraph (1) of this subsection, the record shall contain such matters as may be prescribed by regulations issued pursuant to Part 1 of Article 2 of this chapter.
  3. Each summary court-martial shall keep a separate record of the proceedings in each case, and the record shall be authenticated in the manner as may be prescribed by regulations issued pursuant to Part 1 of Article 2 of this chapter.
  4. A copy of the record of the proceedings of each general and special court-martial shall be given to the accused as soon as it is authenticated.

(Code 1981, §38-2-1054, enacted by Ga. L. 2015, p. 753, § 1/HB 98.)

PART 8 S ENTENCES

38-2-1055. Cruel and unusual punishments prohibited.

Punishment by flogging or by branding, marking, or tattooing on the body or any other cruel or unusual punishment shall not be adjudged by a court-martial or inflicted upon any person subject to this article. The use of irons, single or double, except for the purpose of safe custody, is prohibited.

(Code 1981, §38-2-1055, enacted by Ga. L. 2015, p. 753, § 1/HB 98.)

Cross references.

- Cruel and unusual punishment, U.S. Const., amend. 8 and Ga. Const., 1983, Art. I, Sec. I, Para. XIV.

Prohibition against whipping as punishment for crime, Ga. Const. 1983, Art. I, Sec. I, Para. XVIII.

U.S. Code.

- For similar provision in Uniform Code of Military Justice, see 10 U.S.C. § 855.

RESEARCH REFERENCES

Am. Jur. 2d.

- 53A Am. Jur. 2d, Military and Civil Defense, § 218.

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