Summary of changes
Article 56 — Sentencing
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 Article in one view.
0 amended
0 added
0 removed
46 unchanged
No changes recorded for this Article —
its text is the same as the last Manual for Courts-Martial edition.
Showing every provision.
Provisions
56(a)
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Original text
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.
Current text
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.
56(b)
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Original text
SENTENCE MINIMUMS FOR CERTAIN OFFENSES.—
Current text
SENTENCE MINIMUMS FOR CERTAIN OFFENSES.—
56(b)(1)
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Original text
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.
Current text
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.
56(b)(2)
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Original text
The offenses referred to in paragraph (1) are as follows:
Current text
The offenses referred to in paragraph (1) are as follows:
56(b)(2)(A)
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Original text
Rape under subsection (a) of section 920 of this title (article 120).
Current text
Rape under subsection (a) of section 920 of this title (article 120).
56(b)(2)(B)
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Original text
Sexual assault under subsection (b) of such section (article).
Current text
Sexual assault under subsection (b) of such section (article).
56(b)(2)(C)
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Original text
Rape of a child under subsection (a) of section 920b of this title (article 120b).
Current text
Rape of a child under subsection (a) of section 920b of this title (article 120b).
56(b)(2)(D)
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Original text
Sexual assault of a child under subsection (b) of such section (article).
Current text
Sexual assault of a child under subsection (b) of such section (article).
56(b)(2)(E)
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Original text
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).
Current text
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).
56(b)(2)(F)
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Original text
Conspiracy to commit an offense specified in subparagraph (A), (B), (C), or (D) that is punishable under section 881 of this title (article 81).
Current text
Conspiracy to commit an offense specified in subparagraph (A), (B), (C), or (D) that is punishable under section 881 of this title (article 81).
56(c)
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Original text
IMPOSITION OF SENTENCE.—
Current text
IMPOSITION OF SENTENCE.—
56(c)(1)
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Original text
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—
Current text
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—
56(c)(1)(A)
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Original text
the nature and circumstances of the offense and the history and characteristics of the accused;
Current text
the nature and circumstances of the offense and the history and characteristics of the accused;
56(c)(1)(B)
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Original text
the impact of the offense on—
Current text
the impact of the offense on—
56(c)(1)(B)(i)
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Original text
the financial, social, psychological, or medical well-being of any victim of the offense; and
Current text
the financial, social, psychological, or medical well-being of any victim of the offense; and
56(c)(1)(B)(ii)
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Original text
the mission, discipline, or efficiency of the command of the accused and any victim of the offense;
Current text
the mission, discipline, or efficiency of the command of the accused and any victim of the offense;
56(c)(1)(C)
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Original text
the need for the sentence—
Current text
the need for the sentence—
56(c)(1)(C)(i)
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Original text
to reflect the seriousness of the offense;
Current text
to reflect the seriousness of the offense;
56(c)(1)(C)(ii)
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Original text
to promote respect for the law;
Current text
to promote respect for the law;
56(c)(1)(C)(iii)
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Original text
to provide just punishment for the offense;
Current text
to provide just punishment for the offense;
56(c)(1)(C)(iv)
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Original text
to promote adequate deterrence of misconduct;
Current text
to promote adequate deterrence of misconduct;
56(c)(1)(C)(v)
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Original text
to protect others from further crimes by the accused;
Current text
to protect others from further crimes by the accused;
56(c)(1)(C)(vi)
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to rehabilitate the accused; and
Current text
to rehabilitate the accused; and
56(c)(1)(C)(vii)
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Original text
to provide, in appropriate cases, the opportunity for retraining and return to duty to meet the needs of the service;
Current text
to provide, in appropriate cases, the opportunity for retraining and return to duty to meet the needs of the service;
56(c)(1)(D)
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Original text
the sentences available under this chapter; and
Current text
the sentences available under this chapter; and
56(c)(1)(E)
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Original text
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.
Current text
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.
56(c)(2)
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Original text
APPLICATION OF SENTENCING PARAMETERS IN GENERAL AND SPECIAL COURTS-MARTIAL.—
Current text
APPLICATION OF SENTENCING PARAMETERS IN GENERAL AND SPECIAL COURTS-MARTIAL.—
56(c)(2)(A)
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Original text
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.
Current text
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.
56(c)(2)(B)
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Original text
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.
Current text
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.
56(c)(3)
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Original text
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.
Current text
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.
56(c)(4)
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Original text
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.
Current text
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.
56(c)(5)
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Original text
INAPPLICABILITY TO DEATH PENALTY.—
Sentencing parameters and sentencing criteria shall not apply to a determination of whether an offense should be punished by death.
Current text
INAPPLICABILITY TO DEATH PENALTY.—
Sentencing parameters and sentencing criteria shall not apply to a determination of whether an offense should be punished by death.
56(c)(6)
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Original text
SENTENCE OF CONFINEMENT FOR LIFE WITHOUT ELIGIBILITY FOR PAROLE.—
Current text
SENTENCE OF CONFINEMENT FOR LIFE WITHOUT ELIGIBILITY FOR PAROLE.—
56(c)(6)(A)
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Original text
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.
Current text
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.
56(c)(6)(B)
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Original text
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—
Current text
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—
56(c)(6)(B)(i)
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Original text
the sentence is set aside or otherwise modified as a result of—
Current text
the sentence is set aside or otherwise modified as a result of—
56(c)(6)(B)(i)(I)
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Original text
action taken by the convening authority or the Secretary concerned; or
Current text
action taken by the convening authority or the Secretary concerned; or
56(c)(6)(B)(i)(II)
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Original text
any other action taken during post-trial procedure or review under any other provision of subchapter IX of this chapter;
Current text
any other action taken during post-trial procedure or review under any other provision of subchapter IX of this chapter;
56(c)(6)(B)(ii)
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Original text
the sentence is set aside or otherwise modified as a result of action taken by a court of competent jurisdiction; or
Current text
the sentence is set aside or otherwise modified as a result of action taken by a court of competent jurisdiction; or
56(c)(6)(B)(iii)
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Original text
the accused receives a pardon or another form of Executive clemency.
Current text
the accused receives a pardon or another form of Executive clemency.
56(d)
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Original text
APPEAL OF SENTENCE BY THE UNITED STATES.—
Current text
APPEAL OF SENTENCE BY THE UNITED STATES.—
56(d)(1)
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Original text
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—
Current text
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—
56(d)(1)(A)
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Original text
the sentence violates the law;
Current text
the sentence violates the law;
56(d)(1)(B)
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Original text
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
Current text
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
56(d)(1)(C)
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Original text
the sentence is plainly unreasonable.
Current text
the sentence is plainly unreasonable.
56(d)(2)
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Original text
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).
Current text
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).
“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.