Page 320 - Trump Executive Orders 2017-2021

Federal Register / Vol. 83, No. 46 / Thursday, March 8, 2018 / Presidential Documents 10023

rule. The process of proposing sentences and voting on them may be repeated as necessary until
a sentence is adopted.
(B) Counting votes. The junior member shall collect the ballots and count the votes. The
president shall check the count and inform the other members of the result.
(4) Number of votes required
(A) Death. A sentence may include death only if the members unanimously vote for the
sentence to include death.
(B) Other. Any sentence other than death may be determined only if at least three-fourths
of the members vote for that sentence.
(5) Mandatmy sentence. When a mandatory minimum is prescribed for an offense under the
UCMJ, the members shall vote on a sentence in accordance with this rule.
(6) Plea agreements. When the military judge accepts a plea agreement with a sentence
limitation, the members shall vote on a sentence in accordance with the sentence limitation.
(7) E;[fect qffailure to agree. If the required number of members do not agree on a sentence
after a reasonable effort to do so, a mistrial may be declared as to the sentence and the case shall
be returned to the convening authority, who may order a rehearing on sentence only or order that
a sentence of no punishment be imposed.
(e) Action qfier a sentence is reached. After the members have agreed upon a sentence by the
required number of votes in accordance with this rule, the court-martial shall be opened and the
president sha11 inform the military judge that the members have determined a sentence. The
military judge may, in the presence of the parties, examine any writing used by the president to
state the determination and may assist the members in putting the sentence in proper form. If the
members voted unanimously for a sentence of death, the writing shall indicate which aggravating
factors under R. C.M. 1 004( c) the members unanimously found to exist beyond a reasonable
doubt Neither that writing nor any oral or written clarification or discussion concerning it shall
constitute announcement of the sentence.

Rule 1007. Announcement of sentence
(a) In general. The sentence shall be announced in the presence of all parties promptly after it
has been determined.
(b) Announcement.
( 1) In the case of sentencing by members, the sentence shall be announced by the military
judge in accordance with the members' determination.
(2) In all other cases, the military judge shall announce the sentence and shall specify-
(A) the term of confinement, if any, and the amount of fine, if any, determined for each
offense;
(B) for each term of confinement announced under subparagraph (A), whether the term
of confinement is to run concurrently or consecutively with any other term or terms of
confinement adjudged; and
(C) any other punishments under R.C.M. 1003 as a single, unitary sentence.
(c) Erroneous announcement. If the announced sentence is not the one actually detennined by
the court-martial, the error may be corrected by a new announcement made before entry of the
judgment into the record. This action shall not constitute reconsideration of the sentence. If the
court-martial is adjourned before the error is discovered, the military judge may call the court-
martial into session to correct the announcement
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(d) Polling prohibited. Except as provided in MiL R. Evid. 606, members may not othenvise be
questioned about their deliberations and voting.

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