Article 56 — Sentencing | Manual for Courts-Martial

Subchapter VIII · Sentences

Article 56. Sentencing

2024 Manual for Courts-Martial, United States

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(a) SENTENCE MAXIMUMS.— The punishment which a court-martial may direct for an offense may not exceed such limits as the President may prescribe for that offense.

(b) SENTENCE MINIMUMS FOR CERTAIN OFFENSES.—

(1) Except as provided in subsection (c) of section 853a of this title (article 53a), punishment for any offense specified in paragraph (2) shall include dismissal or dishonorable discharge, as applicable.

(2) The offenses referred to in paragraph (1) are as follows:

(A) Rape under subsection (a) of section 920 of this title (article 120).

(B) Sexual assault under subsection (b) of such section (article).

(D) Sexual assault of a child under subsection (b) of such section (article).

(E) An attempt to commit an offense specified in subparagraph (A), (B), (C), or (D) that is punishable under section 880 of this title (article 80).

(F) Conspiracy to commit an offense specified in subparagraph (A), (B), (C), or (D) that is punishable under section 881 of this title (article 81).

(1) 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 justice and to maintain good order and discipline in the armed forces, taking into consideration—

(A) the nature and circumstances of the offense and the history and characteristics of the accused;

(B) the impact of the offense on—

(i) the financial, social, psychological, or medical well-being of any victim of the offense; and

(ii) the mission, discipline, or efficiency of the command of the accused and any victim of the offense;

(i) to reflect the seriousness of the offense;

(ii) to promote respect for the law;

(iii) to provide just punishment for the offense;

(iv) to promote adequate deterrence of misconduct;

(v) to protect others from further crimes by the accused;

(vi) to rehabilitate the accused; and

(vii) to provide, in appropriate cases, the opportunity for retraining and return to duty to meet the needs of the service;

(D) the sentences available under this chapter; and

(E) the applicable sentencing parameters or sentencing criteria set forth in regulations prescribed by the President pursuant to section 539E(e) of the National Defense Authorization Act for Fiscal Year 2022.

(2) APPLICATION OF SENTENCING PARAMETERS IN GENERAL AND SPECIAL COURTS-MARTIAL.—

(A) REQUIREMENT TO SENTENCE WITHIN PARAMETERS.— Except as provided in subparagraph (B), in a general or special court-martial in which the accused is convicted of an offense for which the President has established a sentencing parameter pursuant to section 539E(e) of the National Defense Authorization Act for Fiscal Year 2022, the military judge shall sentence the accused for that offense within the applicable parameter.

(B) EXCEPTION.— The military judge may impose a sentence outside a sentencing parameter upon finding specific facts that warrant such a sentence. If the military judge imposes a sentence outside a sentencing parameter under this subparagraph, the military judge shall include in the record a written statement of the factual basis for the sentence.

(3) USE OF SENTENCING CRITERIA IN GENERAL AND SPECIAL COURTS-MARTIAL.— In a general or special court-martial in which the accused is convicted of an offense for which the President has established sentencing criteria pursuant to section 539E(e) of the National Defense Authorization Act for Fiscal Year 2022, the military judge shall consider the applicable sentencing criteria in determining the sentence for that offense.

(4) OFFENSE-BASED 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 accused is found guilty, specify the term of confinement, if any, and the amount of the fine, if any. If the accused is sentenced to confinement for more than one offense, the military judge shall specify whether the terms of confinement are to run consecutively or concurrently.

(5) INAPPLICABILITY TO DEATH PENALTY.— Sentencing parameters and sentencing criteria shall not apply to a determination of whether an offense should be punished by death.

(6) SENTENCE OF CONFINEMENT FOR LIFE WITHOUT ELIGIBILITY FOR PAROLE.—

(A) IN GENERAL.— If an offense is subject to a sentence of confinement for life, a court-martial may impose a sentence of confinement for life without eligibility for parole.

(B) TERM OF CONFINEMENT.— An accused who is sentenced to confinement for life without eligibility for parole shall be confined for the remainder of the accused’s life unless—

(i) the sentence is set aside or otherwise modified as a result of—

(I) action taken by the convening authority or the Secretary concerned; or

(II) any other action taken during post-trial procedure or review under any other provision of subchapter IX of this chapter;

(ii) the sentence is set aside or otherwise modified as a result of action taken by a court of competent jurisdiction; or

(iii) the accused receives a pardon or another form of Executive clemency.

(d) APPEAL OF SENTENCE BY THE UNITED STATES.—

(1) With the approval of the Judge Advocate General concerned, and consistent with standards and procedures set forth in regulations prescribed by the President, the Government may appeal a sentence to the Court of Criminal Appeals, on the grounds that—

(A) the sentence violates the law;

(B) in the case of a sentence for an offense for which the President has established a sentencing parameter pursuant to section 539E(e) of the National Defense Authorization Act for Fiscal Year 2022, the sentence is a result of an incorrect application of the parameter; or

(2) An appeal under this subsection must be filed within 60 days after the date on which the judgment of a court-martial is entered into the record under section 860c of this title (article 60c).

Cross-referencesCited by 19Cites 11Elsewhere 1

Cited by

Provisions elsewhere in the Manual whose text cites Article 56. Each link opens the citing provision.

Rules for Courts-Martial

R.C.M. 705(d)(5) — Plea agreements (56(b)(2))

…not provide for a sentence less than the applicable mandatory minimum sentence for an offense referred to in Article 56(b)(2), except as follows:

Discussion under R.C.M. 908(c)(3) — Appeal by the United States (56(d))

…to the Court of Appeals for the Armed Forces. The United States may appeal a sentence in accordance with Article 56(d) and the procedures set forth in R.C.M. 1117.

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

…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.

R.C.M. 910(f)(8)(C) — Pleas (56(b)(2))

…for a sentence that is less than the mandatory minimum sentence applicable to an offense referred to in Article 56(b)(2);

Discussion under R.C.M. 1002(a)(1) — Sentencing determination

…less than life, with the eligibility for parole, for convictions under Article 118(1) and 118(4). See Article 56 and R.C.M. 1003.

Discussion under R.C.M. 1004(f)(3)(E) — Capital cases (56(c))

For example, tailored instructions should reflect the considerations set forth in Article 56(c), including the reputation or record of the accused in the service for good conduct, efficiency, fidelity,…

R.C.M. 1117(a)(2) — Appeal of sentence by the United States (56(c))

The sentence is a result of an incorrect application of sentencing parameters or criteria established under Article 56(c); or

Military Rules of Evidence

Mil. R. Evid. 609(a)(3) — Impeachment by evidence of a criminal conviction or finding of guilty by summary court-martial

…discharge, or imprisonment in excess of one year, the maximum punishment prescribed by the President under Article 56 at the time of the conviction applies without regard to whether the case was tried by general, special, or…

Mil. R. Evid. 803(22) — Exceptions to the rule against hearsay - regardless of whether the declarant is available as a witness

…discharge, or imprisonment for more than one year, the maximum punishment prescribed by the President under Article 56 of the Uniform Code of Military Justice at the time of the conviction applies without regard to whether the…

UCMJ Punitive Articles

Article 128b, ¶ 78a.c.(8) — Domestic Violence

Mandatory Minimum Punishments. In accordance with 10 U.S.C. § 856 (article 56), for a conviction of an offense under this paragraph, mandatory minimum punishment provisions shall not…

Uniform Code of Military Justice

Art. 53a(c)(3) — Plea agreements (56(b)(2))

…than the mandatory minimum sentence applicable to an offense referred to in section 856(b)(2) of this title (article 56(b)(2));

Art. 53a(d) — Plea agreements (56(b)(2))

…MINIMUM FOR CERTAIN OFFENSES.— With respect to an offense referred to in section 856(b)(2) of this title (article 56(b)(2))—

Art. 60a(a)(2)(A) — Limited authority to act on sentence in specified post-trial circumstances

…in which the maximum sentence of confinement established under subsection (a) of section 856 of this title (article 56) for any offense of which the accused is found guilty is more than two years.

Art. 63(c) — Rehearings (56(d))

If, after appeal by the Government under section 856(d) of this title (article 56(d)), the sentence adjudged is set aside and a rehearing on sentence is ordered by the Court of Criminal Appeals…

Art. 66(b)(2) — Courts of Criminal Appeals (56(d))

…that the Judge Advocate General orders sent to the Court for review under section 856(d) of this title (article 56(d)).

Art. 66(e)(1) — Courts of Criminal Appeals (56(d))

IN GENERAL.— In considering a sentence on appeal, other than as provided in section 856(d) of this title (article 56(d)), the Court of Criminal Appeals may consider—

Art. 66(e)(2) — Courts of Criminal Appeals (56(d))

RECORD ON APPEAL.— In an appeal under this subsection or section 856(d) of this title (article 56(d)), other than review under subsection (b)(2) of this section, the record on appeal shall consist of—

Art. 146(f)(2) — Military Justice Review Panel

…from general and special courts-martial applying offense-based sentencing under section 856 of this title (article 56). The sentencing data shall include the number of accused who request member sentencing and the number who…

MCM Appendix 2.1 — Disposition Guidance

App. 2.1, ¶ 3.4 — Special Considerations (56(c))

…should ensure that any sentence limitation takes into consideration the sentencing guidance set forth in Article 56(c).

Article 56 cites

Provisions named in the text of Article 56. Where the cited provision is on this site, the link opens it.

Elsewhere on this site

Deadline calculator

One time period runs from this provision: Art. 56(d)(2) — 10 U.S.C. § 856(d)(2)