Chapter IX · Trial Procedures Through Findings
R.C.M. 925. Application of sentencing rules
2024 Manual for Courts-Martial, United States
See all changes(a) Only one set of sentencing rules shall apply in a court-martial.
(b) If convicted of any offense for which death may be adjudged, the accused shall be sentenced in accordance with R.C.M. 1004.
(c) Except as provided in R.C.M. 925(b):
(1) If convicted of any offense committed on or before December 27, 2023, the accused shall be sentenced in accordance with the Rules for Courts- Martial in effect prior to December 28, 2023. The military judge shall inquire into the accused’s election of sentencing rules after the announcement of findings and before any matter is presented in the presentencing phase.
(2) If convicted of only offenses committed after December 27, 2023, the accused shall be sentenced by a military judge in accordance with R.C.M. 1002(a)(2).
(d) Any elections made by the accused pursuant to R.C.M. 925(c)(1) shall be made orally on the record or be in writing and signed by the accused. The military judge shall ascertain whether the accused has consulted with defense counsel and has been informed of the right to make the election of the applicable sentencing rules.
Discussion
This rule is applicable only to sentencing proceedings in which death may not be adjudged. See R.C.M. 1004 for capital sentencing procedures.