Summary of changes
R.C.M. 1111 — Entry of judgment
The text as it stood in the last Manual for Courts-Martial edition beside the current text, provision by provision, with every recorded amendment and the authority behind it — the whole R.C.M. in one view.
0 amended
0 added
0 removed
41 unchanged
No changes recorded for this R.C.M. —
its text is the same as the last Manual for Courts-Martial edition.
Showing every provision.
Provisions
1111(a)
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Original text
In general.
Current text
In general.
1111(a)(1)
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Original text
Scope.
Under regulations prescribed by the Secretary concerned, the military judge of a general or special court-martial shall enter into the record of trial the judgment of the court. If the Chief Trial Judge determines that the military judge is not reasonably available, the Chief Trial Judge may detail another military judge to enter the judgment.
Current text
Scope.
Under regulations prescribed by the Secretary concerned, the military judge of a general or special court-martial shall enter into the record of trial the judgment of the court. If the Chief Trial Judge determines that the military judge is not reasonably available, the Chief Trial Judge may detail another military judge to enter the judgment.
1111(a)(2)
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Original text
Purpose.
The judgment reflects the result of the court-martial, as modified by any post-trial actions, rulings, or orders. The entry of judgment terminates the trial proceedings and initiates the appellate process.
Current text
Purpose.
The judgment reflects the result of the court-martial, as modified by any post-trial actions, rulings, or orders. The entry of judgment terminates the trial proceedings and initiates the appellate process.
1111(a)(3)
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Original text
Summary courts-martial.
In a summary court-martial, the findings and sentence of the court-martial, as modified or approved by the convening authority, constitute the judgment of the court-martial. A separate document need not be issued.
Current text
Summary courts-martial.
In a summary court-martial, the findings and sentence of the court-martial, as modified or approved by the convening authority, constitute the judgment of the court-martial. A separate document need not be issued.
1111(b)
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Original text
Contents.
The judgment of the court shall be signed and dated by the military judge and shall consist of—
Current text
Contents.
The judgment of the court shall be signed and dated by the military judge and shall consist of—
1111(b)(1)
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Original text
Findings.
For each charge and specification referred to trial—
Current text
Findings.
For each charge and specification referred to trial—
1111(b)(1)(A)
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Original text
a summary of each charge and specification;
Current text
a summary of each charge and specification;
1111(b)(1)(B)
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the plea of the accused; and
Current text
the plea of the accused; and
1111(b)(1)(C)
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Original text
the findings or other disposition of each charge and specification accounting for any modifications made by reason of any post-trial action by the convening authority or any post-trial ruling, order, or other determination by the military judge;
Current text
the findings or other disposition of each charge and specification accounting for any modifications made by reason of any post-trial action by the convening authority or any post-trial ruling, order, or other determination by the military judge;
1111(b)(2)
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Original text
Sentence.
The sentence, accounting for any modifications made by reason of any post-trial action by the convening authority or any post-trial ruling, order, or other determination by the military judge, as well as the total amount of sentence credit, if any, to be applied to the accused’s sentence to confinement. If the accused was convicted of more than one specification and any part of the sentence was determined by a military judge, the judgment shall also specify—
Current text
Sentence.
The sentence, accounting for any modifications made by reason of any post-trial action by the convening authority or any post-trial ruling, order, or other determination by the military judge, as well as the total amount of sentence credit, if any, to be applied to the accused’s sentence to confinement. If the accused was convicted of more than one specification and any part of the sentence was determined by a military judge, the judgment shall also specify—
1111(b)(2)(A)
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Original text
the confinement and fine for each specification, if any;
Current text
the confinement and fine for each specification, if any;
1111(b)(2)(B)
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Original text
whether any term of confinement shall run consecutively or concurrently with any other term(s) of confinement; and
Current text
whether any term of confinement shall run consecutively or concurrently with any other term(s) of confinement; and
1111(b)(2)(C)
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Original text
the total amount of any fine(s) and the total duration of confinement to be served, after accounting for the following—
Current text
the total amount of any fine(s) and the total duration of confinement to be served, after accounting for the following—
1111(b)(2)(C)(i)
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Original text
any terms of confinement that are to run consecutively or concurrently; and
Current text
any terms of confinement that are to run consecutively or concurrently; and
1111(b)(2)(C)(ii)
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Original text
any modifications to the sentence made by reason of any post-trial action by the convening authority or any post-trial ruling, order, or other determination by the military judge.
Current text
any modifications to the sentence made by reason of any post-trial action by the convening authority or any post-trial ruling, order, or other determination by the military judge.
1111(b)(2)(C)(ii)|D
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Original text
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. 1104, R.C.M. 1107, R.C.M. 1109, and R.C.M. 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.
Current text
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. 1104, R.C.M. 1107, R.C.M. 1109, and R.C.M. 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.
1111(b)(3)
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Original text
Additional information.
Current text
Additional information.
1111(b)(3)(A)
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Original text
Deferment.
If the accused requested that any portion of the sentence be deferred, the judgment shall specify the nature of the request, the convening authority’s action, the effective date if approved, and, if the deferment ended prior to the entry of judgment, the date the deferment ended.
Current text
Deferment.
If the accused requested that any portion of the sentence be deferred, the judgment shall specify the nature of the request, the convening authority’s action, the effective date if approved, and, if the deferment ended prior to the entry of judgment, the date the deferment ended.
1111(b)(3)(B)
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Waiver of automatic forfeitures.
If the accused requested that automatic forfeitures be waived by the convening authority under Article 58b, the judgment shall specify the nature of the request, the convening authority’s action, and the effective date and length, if approved.
Current text
Waiver of automatic forfeitures.
If the accused requested that automatic forfeitures be waived by the convening authority under Article 58b, the judgment shall specify the nature of the request, the convening authority’s action, and the effective date and length, if approved.
1111(b)(3)(C)
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Original text
Suspension.
If the Statement of Trial Results included a recommendation by the military judge that a portion of the sentence be suspended, the judgment shall specify the action of the convening authority on the recommendation.
Current text
Suspension.
If the Statement of Trial Results included a recommendation by the military judge that a portion of the sentence be suspended, the judgment shall specify the action of the convening authority on the recommendation.
1111(b)(3)(D)
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Original text
Reprimand.
If the sentence included a reprimand, the judgment shall contain the reprimand issued by the convening authority.
Current text
Reprimand.
If the sentence included a reprimand, the judgment shall contain the reprimand issued by the convening authority.
1111(b)(3)(E)
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Original text
Rehearing.
If the judgment is entered after a rehearing, new trial or other trial, the judgment shall specify any sentence limitation applicable by operation of Article 63.
Current text
Rehearing.
If the judgment is entered after a rehearing, new trial or other trial, the judgment shall specify any sentence limitation applicable by operation of Article 63.
1111(b)(3)(F)
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Original text
Other information.
Any additional information that the Secretary concerned may require by regulation.
Current text
Other information.
Any additional information that the Secretary concerned may require by regulation.
1111(b)(4)
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Original text
Statement of Trial Results.
The Statement of Trial Results shall be included in the judgment in accordance with regulations prescribed by the Secretary concerned.
Current text
Statement of Trial Results.
The Statement of Trial Results shall be included in the judgment in accordance with regulations prescribed by the Secretary concerned.
1111(b)(4)|D
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Original text
See Article 60 and R.C.M. 1101. The judgment of the court entered under this rule should provide a complete statement of the findings and the sentence reflecting the effect of any post-trial modifications. The judgment of the court should avoid using phrases such as “exceptions” and “substitutions” to reflect post-trial actions. Such a formulation is not an appropriate substitute for a complete statement of the findings and sentence.
Current text
See Article 60 and R.C.M. 1101. The judgment of the court entered under this rule should provide a complete statement of the findings and the sentence reflecting the effect of any post-trial modifications. The judgment of the court should avoid using phrases such as “exceptions” and “substitutions” to reflect post-trial actions. Such a formulation is not an appropriate substitute for a complete statement of the findings and sentence.
1111(c)
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Original text
Modification of judgment.
The judgment may be modified as follows—
Current text
Modification of judgment.
The judgment may be modified as follows—
1111(c)(1)
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Original text
The military judge who entered a judgment may issue a modified judgment to correct any errors prior to certification of the record of trial under R.C.M. 1112.
Current text
The military judge who entered a judgment may issue a modified judgment to correct any errors prior to certification of the record of trial under R.C.M. 1112.
1111(c)(2)
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Original text
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 a judgment in the performance of their duties and responsibilities.
Current text
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 a judgment in the performance of their duties and responsibilities.
1111(c)(3)
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Original text
If a case is remanded to a military judge, the military judge may modify the judgment consistent with the purposes of the remand.
Current text
If a case is remanded to a military judge, the military judge may modify the judgment consistent with the purposes of the remand.
1111(c)(4)
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Original text
Any modification to the judgment of a court-martial must be included in the record of trial.
Current text
Any modification to the judgment of a court-martial must be included in the record of trial.
1111(d)
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Original text
Rehearings, new trials, and other trials.
In the case of a rehearing, new trial, or other trial, the military judge shall enter a new judgment into the record of trial to reflect the results of the rehearing, new trial, or other trial.
Current text
Rehearings, new trials, and other trials.
In the case of a rehearing, new trial, or other trial, the military judge shall enter a new judgment into the record of trial to reflect the results of the rehearing, new trial, or other trial.
1111(e)
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Original text
When judgment is entered.
Current text
When judgment is entered.
1111(e)(1)
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Original text
Courts-martial without a finding of guilty.
When a court-martial results in a full acquittal or when a court-martial terminates before findings, the judgment shall be entered as soon as practicable. When a court-martial results in a finding of not guilty only by reason of lack of mental responsibility of all charges and specifications, the judgment shall be entered as soon as practicable after a hearing is conducted under R.C.M. 1105.
Current text
Courts-martial without a finding of guilty.
When a court-martial results in a full acquittal or when a court-martial terminates before findings, the judgment shall be entered as soon as practicable. When a court-martial results in a finding of not guilty only by reason of lack of mental responsibility of all charges and specifications, the judgment shall be entered as soon as practicable after a hearing is conducted under R.C.M. 1105.
1111(e)(2)
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Courts-martial with a finding of guilty.
If a court-martial includes a finding of guilty to any specification or charge, the judgment shall be entered as soon as practicable after the staff judge advocate or legal advisor notifies the military judge of the convening authority’s post-trial action or decision to take no action under R.C.M. 1109 or 1110, as applicable.
Current text
Courts-martial with a finding of guilty.
If a court-martial includes a finding of guilty to any specification or charge, the judgment shall be entered as soon as practicable after the staff judge advocate or legal advisor notifies the military judge of the convening authority’s post-trial action or decision to take no action under R.C.M. 1109 or 1110, as applicable.
1111(f)
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Original text
Publication.
Current text
Publication.
1111(f)(1)
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Original text
The judgment shall be entered into the record of trial.
Current text
The judgment shall be entered into the record of trial.
1111(f)(2)
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Original text
A copy of the judgment shall be provided to the accused or to the accused’s defense counsel. If the judgment is served on defense counsel, defense counsel shall, by expeditious means, provide the accused with a copy.
Current text
A copy of the judgment shall be provided to the accused or to the accused’s defense counsel. If the judgment is served on defense counsel, defense counsel shall, by expeditious means, provide the accused with a copy.
1111(f)(3)
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Original text
A copy of the judgment shall be provided upon request to any crime victim or crime victim’s counsel in the case, without regard to whether the accused was convicted or acquitted of any offense.
Current text
A copy of the judgment shall be provided upon request to any crime victim or crime victim’s counsel in the case, without regard to whether the accused was convicted or acquitted of any offense.
1111(f)(3)|D
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Original text
For the definition of “crime victim,” see R.C.M. 1001(c)(2)(A). However, in this provision, a copy of the Statement of Trial Results shall be provided to any crime victim without regard to whether the accused was convicted or acquitted of any offense.
Current text
For the definition of “crime victim,” see R.C.M. 1001(c)(2)(A). However, in this provision, a copy of the Statement of Trial Results shall be provided to any crime victim without regard to whether the accused was convicted or acquitted of any offense.
1111(f)(4)
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Original text
The commander of the accused or the convening authority may publish the judgment of the court-martial to their respective commands.
Current text
The commander of the accused or the convening authority may publish the judgment of the court-martial to their respective commands.
1111(f)(5)
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Original text
Under regulations prescribed by the Secretary of Defense, court-martial judgments shall be made available to the public.
Current text
Under regulations prescribed by the Secretary of Defense, court-martial judgments shall be made available to the public.
“Original text” is the state captured the first time a provision was edited under change tracking — i.e. the text as published in the last Manual for Courts-Martial edition. Provisions edited without being “marked as changed” (typos, formatting) are not recorded here; see the recent revisions feed and the site-wide changes log.