Page 319 - Trump Executive Orders 2017-2021

10022 Federal Register / Vol. 83, No. 46 / Thursday, March 8, 2018 / Presidential Documents

(2) A statement of the effect any sentence announced including a punitive discharge and
confinement, or confinement in excess of six months, will have on the accused's entitlement to
pay and allowances;
(3) A statement of the procedures for deliberation and voting on the sentence set out in
R.C.M. 1006;
(4) A statement informing the members that they are solely responsible for selecting an
appropriate sentence and may not rely on the possibility of any mitigating action by the
convening or higher authority;
(5) A statement that the members should consider all matters in extenuation, mitigation, and
aggravation, whether introduced before or after findings, and matters introduced under R.C.M.
lOOl(b)(l), (2), (3) and (5);
(6) A statement that the members shall consider the sentencing guidance set forth in R.C.M.
1 002(f); and
(7) Such other explanations, descriptions, or directions that the military judge detennines to
be necessary, whether properly requested by a party or determined by the military judge sua
sponte.
(f) Failure to o~ject. Failure to object to an instruction or to omission of an instruction before the
members close to deliberate on the sentence shall constitute forfeiture of the objection. The
military judge may require the party objecting to specify in what respect the instructions were
improper. The parties shall be given the opportunity to be heard on any objection outside the
presence ofthe members.

Rule 1006. Deliberations and voting on sentence
(a) In general. With respect to charge(s) and specit1cation(s) for which a sentence of death may
be determined and in all other cases in which the accused elects sentencing by members under
R. C .M. 1 002(b ), the members shall deliberate and vote after the military judge instructs the
members on sentence. Only the members shall be present during deliberations and voting.
Superiority in rank shall not be used in any manner to control the independence of members in
the exercise of their judgment.
(b) Deliberations. Deliberations require a full and free discussion of the sentence to be imposed
in the case. Unless otherwise directed by the military judge, members may take with them in
deliberations their notes, if any, any exhibits admitted in evidence, and any written instmctions.
Members may request that the comi-martial be reopened and that portions of the record be read
to them or additional evidence introduced. The military judge may, in the exercise of discretion,
grant such requests.
(c) Proposal of sentences. Any member may propose a sentence. Each proposal shall be in
writing and shall contain the complete sentence proposed. The junior member shall collect the
proposed sentences and submit them to the president.
(d) Voting.
(1) Duty of members. Each member has the duty to vote for a proper sentence for the offenses
of which the court-matiial found the accused guilty, regardless of the member's vote or opinion
as to the guilt of the accused.
(2) Secret ballot. Proposed sentences shall be voted on by secret written ballot.
(3) Procedure.
(A) Order. All members shall vote on each proposed sentence in its entirety beginning
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with the least severe and continuing, as necessary, with the next least severe, until a sentence is
adopted by the concurrence of the number of members required under paragraph (d)(4) of this

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