Chapter X · Sentencing
R.C.M. 1007. Announcement of sentence
2024 Manual for Courts-Martial, United States
See all changes(a) In general. The sentence shall be announced in the presence of all parties promptly after it has been determined.
Discussion
The date that the sentence is announced is the date a sentence is adjudged. See Articles 53 and 57.
(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.
Discussion
If the sentence announced by the military judge includes death, the military judge must also announce which aggravating factor or factors under R.C.M. 1004(c) the members unanimously found to exist beyond a reasonable doubt. See R.C.M. 1004(h).
(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.