Chapter X · Sentencing
R.C.M. 1007. Announcement of sentence
2024 Manual for Courts-Martial, United States
Recent revisions Summary of changes Cited by (7)(a) In general. The sentence shall be announced in the presence of all parties promptly after it has been determined.
(b) Announcement.
(1) In a capital case, the determination of the members shall be announced by the military judge. If the members voted unanimously for death, the military judge shall announce which aggravating factor or factors under R.C.M. 1004(c) the members unanimously found to exist beyond a reasonable doubt.
(2) In all other cases, the military judge shall announce the sentence and shall specify—
(A) the term of confinement, if any, and the amount of fine, if any, determined for each offense;
(B) for each term of confinement announced under subparagraph (A), whether the term of confinement is to run concurrently or consecutively with any other term or terms of confinement adjudged; and
(C) any other punishments under R.C.M. 1003 as a single, unitary sentence.
(c) Erroneous announcement. If the announced sentence is not the one actually determined by the court-martial, the error may be corrected by a new announcement made before entry of the judgment into the record. This action shall not constitute reconsideration of the sentence. If the court-martial is adjourned before the error is discovered, the military judge may call the court-martial into session to correct the announcement.
(d) Polling prohibited. Except as provided in Mil. R. Evid. 606, members may not otherwise be questioned about their deliberations and voting.
Cross-referencesCited by 7Cites 6
Cited by
Provisions elsewhere in the Manual whose text cites R.C.M. 1007. Each link opens the citing provision.
Rules for Courts-Martial
R.C.M. 1102(b)(1)(A)(i) — Execution and effective date of sentences
14 days after the sentence is announced under R.C.M. 1007; or
R.C.M. 1102(b)(6)(A)(i) — Execution and effective date of sentences
14 days after the sentence is announced under R.C.M. 1007; or
R.C.M. 1117(a) — Appeal of sentence by the United States
…the approval of the Judge Advocate General concerned, the Government may appeal a sentence announced under R.C.M. 1007 to the Court of Criminal Appeals on the grounds that—
R.C.M. 1117(c)(1) — Appeal of sentence by the United States
…contained in the record before the sentencing authority at the time the sentence was announced under R.C.M. 1007.
R.C.M. 1117(c)(2) — Appeal of sentence by the United States
…at issue and the facts in the record demonstrating a violation of the law in the announced sentence under R.C.M. 1007.
R.C.M. 1117(c)(4) — Appeal of sentence by the United States
…the facts in the record that demonstrate by clear and convincing evidence that the sentence announced under R.C.M. 1007 was plainly unreasonable.
R.C.M. 1117(c)(5)(B) — Appeal of sentence by the United States
…shall not include facts beyond the record established at the time the sentence was announced under R.C.M. 1007.
R.C.M. 1007 cites
Provisions named in the text of R.C.M. 1007. Where the cited provision is on this site, the link opens it.