Rank can be an aggravating factor in a court-martial sentence

Counsel may comment on the accused’s status as officer or NCO, but not duty position

Counsel may mention accused’s status as officer or NCO. United States v. Everett , 33 M.J. 534 (A.F.C.M.R. 1991). NCO status of accused was appropriate aggravating factor in drug use case.

However, counsel may not argue that an accused should receive greater punishment because of their duty position , unless their position was integral to the commission of the offense. United States v. Rhodes , 64 M.J. 630, 632 (A.F. Ct. Crim. App. 2007), United States v. Skidmore , 64 M.J. 655, 661 (C.G. Ct. Crim. App. 2007).

Falsely Accused of Sexual Assault? What to Do If It Happens to You

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