A sentencing argument overview. What is allowed in a military court-martial:
- 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