Sentencing Argument Overview

A sentencing argument overview:

• Commenting on collateral consequences
• Counsel may comment on any evidence properly introduced on the merits
• Counsel may comment on matters introduced pursuant to R.C.M. 1001(b)
• Counsel may comment on the accused’s status as officer or NCO, but not duty position
• Counsel may recommend a specific lawful sentence. R.C.M. 1001(g)
• Counsel may refer to generally accepted sentencing philosophies. R.C.M. 1001(g)
• Defense counsel cannot argue for reconsideration of the findings
• Defense counsel cannot argue irrelevant matters that are raised in the unsworn statement
• Defense counsel may argue for a punitive discharge if the accused consents