10 U.S.C. § 856: Art. 56. Sentencing

The punishment which a court-martial may direct for an offense may not exceed such limits as the President may prescribe for that offense. Except as provided in subsection (c) 1 of 1 See References in Text note below. section 853a of this title (article 53a), punishment for any offense specified in paragraph (2) shall include dismissal or dishonorable discharge, as applicable. Rape under subsection (a) of section 920 of this title (article 120). Sexual assault under subsection (b) of such section (article). Rape of a child under subsection (a) of section 920b of this title (article 120b). Sexual assault of a child under subsection (b) of such section (article). 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). Conspiracy to commit an offense specified in subparagraph (A), (B), (C), or (D) that is punishable under section 881 of this title (article 81). the nature and circumstances of the offense and the history and characteristics of the accused; the financial, social, psychological, or medical well-being of any victim of the offense; and the mission, discipline, or efficiency of the command of the accused and any victim of the offense; to reflect the seriousness of the offense; to promote respect for the law; to provide just punishment for the offense; to promote adequate deterrence of misconduct; to protect others from further crimes by the accused; to rehabilitate the accused; and to provide, in appropriate cases, the opportunity for retraining and return to duty to meet the needs of the service; the sentences available under this chapter; and 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. 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. 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. 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. 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. Sentencing parameters and sentencing criteria shall not apply to a determination of whether an offense should be punished by death. 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. action taken by the convening authority or the Secretary concerned; or any other action taken during post-trial procedure or review under any other provision of subchapter IX of this chapter; the sentence is set aside or otherwise modified as a result of action taken by a court of competent jurisdiction; or the accused receives a pardon or another form of Executive clemency. the sentence violates the law; 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 the sentence is plainly unreasonable. 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). shall cover sentences of confinement; and may cover lesser punishments, as the President determines appropriate. the severity of the offense; the guideline or offense category that would apply to the offense if the offense were tried in a United States district court; any military-specific sentencing factors; the need for the sentencing parameter to be sufficiently broad to allow for individualized consideration of the offense and the accused; and any other relevant sentencing guideline. include no fewer than 5 and no more than 12 offense categories; assign such offense under this chapter [probably should be “chapter 47 of title 10, United States Code (the Uniform Code of Military Justice)”] to an offense category unless the offense is identified as unsuitable for sentencing parameters under paragraph (4)(F)(ii); and delineate the confinement range for each offense category by setting an upper confinement limit and a lower confinement limit. Sentencing criteria established under paragraph (1) shall identify offense-specific factors the military judge should consider and any collateral effects of available punishments that may aid the military judge in determining an appropriate sentence when there is no applicable sentencing parameter for a specific offense. There is established within the Department of Defense a board, to be known as the ‘Military Sentencing Parameters and Criteria Board’ (referred to in this subsection as the ‘Board’). The 4 chief trial judges designated under section 826(g) of title 10 , United States Code (article 26(g) of the Uniform Code of Military Justice), except that, if the chief trial judge of the Coast Guard is not available, the Judge Advocate General of the Coast Guard may designate as a voting member a judge advocate of the Coast Guard with substantial military justice experience. A trial judge of the Navy, designated under regulations prescribed by the President, if the chief trial judges designated under section 826(g) of title 10 , United States Code (article 26(g) of the Uniform Code of Military Justice), do not include a trial judge of the Navy. A trial judge of the Marine Corps, designated under regulations prescribed by the President, if the chief trial judges designated under section 826(g) of title 10 , United States Code (article 26(g) of the Uniform Code of Military Justice), do not include a trial judge of the Marine Corps. The Chief Judge of the Court of Appeals for the Armed Forces, the Chairman of the Joint Chiefs of Staff, and the General Counsel of the Department of Defense shall each designate one nonvoting member of the Board. The Secretary of Defense may appoint one additional nonvoting member of the Board at the Secretary’s discretion. The Secretary of Defense shall designate one voting member as chair of the Board and one voting member as vice-chair. An affirmative vote of at least three members is required for any action of the Board under this subsection. sentencing parameters for all offenses under chapter 47 of title 10, United States Code (the Uniform Code of Military Justice) (other than offenses that the Board identifies as unsuitable for sentencing parameters in accordance with clause (ii)); and sentencing criteria to be used by military judges in determining appropriate sentences for offenses that are identified as unsuitable for sentencing parameters in accordance with clause (ii). the nature of the offense is indeterminate and unsuitable for categorization; and there is no similar criminal offense under the laws of the United States or the laws of the District of Columbia. In developing sentencing parameters and criteria, the Board shall consider the sentencing data collected by the Military Justice Review Panel pursuant to section 946(f)(2) of title 10 , United States Code (article 146(f)(2) of the Uniform Code of Military Justice). In addition to establishing parameters for sentences of confinement under clause (i)(I), the Board shall consider the appropriateness of establishing sentencing parameters for punitive discharges, fines, reductions, forfeitures, and other lesser punishments authorized under chapter 47 of title 10, United States Code (the Uniform Code of Military Justice). review, and propose revision to, in consideration of comments and data coming to the Board’s attention, the sentencing parameters and sentencing criteria prescribed under paragraph (1); and submit to the President, through the Secretary of Defense, proposed amendments to the sentencing parameters and sentencing criteria, together with statements explaining the basis for the proposed amendments. The Board shall develop means of measuring the degree to which applicable sentencing, penal, and correctional practices are effective with respect to the sentencing factors and policies set forth in this section. In fulfilling its duties and in exercising its powers, the Board shall consult authorities on, and individual and institutional representatives of, various aspects of the military criminal justice system. The Board may establish separate advisory groups consisting of individuals with current or recent experience in command and in senior enlisted positions, individuals with experience in the trial of courts-martial, and such other groups as the Board deems appropriate. The Board shall submit to the President, through the Secretary of Defense, proposed amendments to the rules for courts-martial with respect to sentencing proceedings and maximum punishments, together with statements explaining the basis for the proposed amendments.”