Article 53 — Findings and sentencing | Manual for Courts-Martial

Subchapter VII · Trial Procedure

Article 53. Findings and sentencing

2024 Manual for Courts-Martial, United States

Recent revisions Summary of changes Cited by (15)

(a) ANNOUNCEMENT.— A court-martial shall announce its findings and sentence to the parties as soon as determined.

(b) SENTENCING GENERALLY.—

(1) GENERAL AND SPECIAL COURTS-MARTIAL.—Except as provided in subsection (c) for capital offenses, if the accused is convicted of an offense in a trial by general or special court martial, the military judge shall sentence the accused. The sentence determined by the military judge constitutes the sentence of the court-martial.

(2) SUMMARY COURTS-MARTIAL. —If the accused is convicted of an offense in a trial by summary court-martial, the court-martial shall sentence the accused.

(1) IN GENERAL.— In a capital case, if the accused is convicted of an offense for which the court-martial may sentence the accused to death—

(A) the members shall determine—

(i) whether the sentence for that offense shall be death or life in prison without eligibility for parole; or

(ii) whether the matter shall be returned to the military judge for determination of a lesser punishment; and

(B) the military judge shall sentence the accused for that offense in accordance with the determination of the members under subparagraph (A).

(2) LESSER AUTHORIZED PUNISHMENT.—In accordance with regulations prescribed by the President, the military judge may include in any sentence to death or life in prison without eligibility for parole other lesser punishments authorized under this chapter.

(3) OTHER NON-CAPITAL OFFENSES.— In a capital case, if the accused is convicted of a non-capital offense, the accused shall be sentenced for such non-capital offense in accordance with subsection (b), regardless of whether the accused is convicted of an offense for which the court-martial may sentence the accused to death.

Cross-referencesCited by 15

Cited by

Provisions elsewhere in the Manual whose text cites Article 53. Each link opens the citing provision.

Rules for Courts-Martial

R.C.M. 502(a)(2)(A) — Qualifications and duties of personnel of courts-martial (53(c)(1)(A))

…is unanimously found guilty of a capital offense, the members shall make a determination in accordance with Article 53(c)(1)(A). Each member has an equal voice and vote with other members in deliberating upon and deciding all matters…

Discussion under R.C.M. 910(c)(6) — Pleas (53(b))

…accused will be sentenced by the military judge unless the accused elects to be sentenced by members. See Articles 53(b) and 56, and R.C.M. 1002.

Discussion under R.C.M. 1007(a) — Announcement of sentence

The date that the sentence is announced is the date a sentence is adjudged. See Articles 53 and 57.

Discussion under R.C.M. 1101(a)(2)(C) — Statement of trial results

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…

Discussion under R.C.M. 1102(b)(1)(B) — Execution and effective date of sentences

The date that the sentence is adjudged is the date the sentence was announced. See Articles 53 and 57. An accused who is required to perform duties may not, as a result of a court-martial sentence, be deprived…

Discussion under R.C.M. 1111(b)(2)(C)(ii) — Entry of judgment

Uniform Code of Military Justice

Art. 25(d)(2) — Who may serve on courts-martial (53(c))

…the accused to death, the accused shall be sentenced in accordance with section 853(c) of this title (article 53(c)).

Art. 25(d)(3) — Who may serve on courts-martial (53(b))

…the accused shall be sentenced for such non-capital offense in accordance with section 853(b) of this title (article 53(b)), regardless of whether the accused is convicted of an offense for which the court-martial may sentence the…

Art. 39(a)(4) — Sessions (53(b)(1))

conducting a sentencing proceeding and sentencing the accused under section 853(b)(1) of this title (article 53(b)(1)); and

Art. 44(c)(1)(B) — Former jeopardy

before announcement of findings under section 853 of this title (article 53); the case is dismissed or terminated by the convening authority or the special trial counsel or on motion…

Art. 44(c)(2)(B) — Former jeopardy

before announcement of findings under section 853 of this title (article 53); the case is dismissed or terminated by the convening authority or the special trial counsel or on motion…

Art. 53a(a)(1) — Plea agreements

Subject to paragraph (3), at any time before the announcement of findings under section 853 of this title (article 53), the convening authority and the accused may enter into a plea agreement with respect to such matters as—

Art. 56(c)(1) — Sentencing

IN GENERAL.— In sentencing an accused under section 853 of this title (article 53), a court-martial shall impose punishment that is sufficient, but not greater than necessary, to promote…

Art. 56(c)(4) — Sentencing

…IN GENERAL AND SPECIAL COURTS MARTIAL.— In announcing the sentence under section 853 of this title (article 53) in a general or special court-martial, the military judge shall, with respect to each offense of which the…

Art. 66(e)(1)(E) — Courts of Criminal Appeals (53(c))

…eligibility for parole determined by the members in a capital case under section 853(c) of this title (article 53(c)), whether the sentence is otherwise appropriate, under rules prescribed by the President.