Chapter XI · Post-Trial Procedure
R.C.M. 1101. Statement of trial results
2024 Manual for Courts-Martial, United States
See all changes(a) Content. After final adjournment of a general or special court-martial, the military judge shall sign and include in the record of trial a Statement of Trial Results. The Statement of Trial Results shall consist of the following—
(1) Findings. For each charge and specification referred to trial—
(A) a summary of each charge and specification;
(B) the plea(s) of the accused; and
(C) the finding or other disposition of each charge and specification.
(2) Sentence. The sentence of the court-martial and the date the sentence was announced by the court-martial, and the amount of credit, if any, applied to the sentence for pretrial confinement or for other reasons. If the accused was convicted of more than one specification and any part of the sentence was determined by a military judge, the Statement of Trial Results shall also specify—
(A) the confinement and fine for each specification, if any;
(B) whether any term of confinement is to run consecutively or concurrently with any other term(s) of confinement;
(C) the total amount of any fine(s) and the total amount of any confinement, after accounting for any credit and any terms of confinement that are to run consecutively or concurrently.
Discussion
The date that the sentence is adjudged is the date the sentence was announced. See Articles 53 and 57. The adjudged sentence may be modified by the convening authority or the military judge. See generally R.C.M.s 1104, 1109, and 1110. See R.C.M. 1002(b) for military judge alone sentencing and R.C.M. 1004 for sentencing in capital cases by military judge and members.
(3) Forum. The type of court-martial and the command by which it was convened.
(4) Plea agreements. In a case with a plea agreement, the statement shall specify any limitations on the punishment as set forth in the plea agreement.
(5) Suspension recommendation. If the military judge recommends that any portion of the sentence should be suspended, the statement shall specify—
(A) the portion(s) of the sentence to which the recommendation applies;
(B) the minimum duration of the suspension; and
(C) the facts supporting the suspension recommendation.
Discussion
The convening authority may only suspend a sentence of dishonorable discharge, bad-conduct discharge, or confinement in excess of six months if the military judge includes a recommendation for suspension in the Statement of Trial Results. See R.C.M. 1109(f). When the accused is sentenced by members, the members may recommend suspension of punitive discharge or confinement in excess of six months, but the convening authority may only act to suspend these punishments if the military judge adopts the suspension recommendation and includes it in the Statement of Trial Results.
(6) Other information. Any additional information directed by the military judge or required under regulations prescribed by the Secretary concerned.
(b) Not guilty only by reason of lack of mental responsibility. If an accused was found not guilty only by reason of lack of mental responsibility of any charge or specification, the military judge shall sign the Statement of Trial Results only after a hearing is conducted under R.C.M. 1105.
(c) Abatement. If the military judge abated the proceedings and the court-martial adjourned without a disposition as to at least one specification, the military judge shall include a brief explanation as to the reasons for abatement in the record of trial. If all charges are subsequently withdrawn, dismissed, or otherwise disposed of, the military judge shall sign a Statement of Trial Results in accordance with this rule.
Discussion
The issuance of an explanation of the reasons for abatement does not prevent a later termination of the abatement.
(d) Distribution. Trial counsel shall promptly provide a copy of the Statement of Trial Results to the accused’s immediate commander, the convening authority or the convening authority’s designee, and, if appropriate, the officer in charge of the confinement facility. A copy of the Statement of Trial Results shall be provided to the accused or to the accused’s defense counsel. If the statement is served on defense counsel, defense counsel shall, by expeditious means, provide the accused with a copy. A copy of the Statement of Trial Results shall be provided to any crime victim or victim’s counsel in the case, without regard to whether the accused was convicted or acquitted of any offense.
(e) Modification. The Statement of Trial Results may be modified as follows:
(1) The military judge may modify the Statement of Trial Results to correct any errors prior to certification of the record of trial under R.C.M. 1112.
(2) The Court of Criminal Appeals, the Court of Appeals for the Armed Forces, and the Judge Advocate General or the Judge Advocate General’s designee may modify the Statement of Trial Results in the performance of their duties and responsibilities.
(3) If a case is remanded to a military judge, the military judge may modify the Statement of Trial Results consistent with the purposes of the remand.
(4) Any modification to the Statement of Trial Results must be included in the record of trial.
Discussion
Correcting the Statement of Trial Results after the convening authority makes a decision under R.C.M. 1109 or R.C.M. 1110 should not ordinarily trigger the need for the convening authority to reconsider clemency unless the original Statement of Trial Results prejudiced the accused’s ability to obtain relief under R.C.M. 1109 or R.C.M. 1110.