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Current as of January 01, 2024 | Updated by FindLaw Staff
(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.--
(A)Sentencing by military judge.--Except as provided in subparagraph (B), and 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.
(B)Sentencing by members.--If the accused is convicted of an offense by general or special court-martial consisting of a military judge and members and the accused elects sentencing by members under section 825 of this title (article 25), the members shall sentence the accused.
(C)Sentence of the accused.--The sentence determined pursuant to this paragraph constitutes the sentence of the accused.
(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.
(c)Sentencing for capital offenses.--
(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, the members shall determine whether the sentence for that offense shall be death or a lesser authorized punishment.
(2)Lesser authorized punishments.--In accordance with regulations prescribed by the President, the court-martial 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.
Cite this article: FindLaw.com - 10 U.S.C. § 853 - U.S. Code - Unannotated Title 10. Armed Forces § 853. Art. 53. Findings and sentencing - last updated January 01, 2024 | https://codes.findlaw.com/us/title-10-armed-forces/10-usc-sect-853/
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