The Military Death Penalty - Neither Swift nor Sure

Abstract

The purpose of military law is to assist in maintaining good order and discipline in the Armed Forces. The manual for courts-martial authorizes a death sentence for 14 offenses, designed to help achieve the good order and discipline that is so vital to military readiness. However, the last military execution was nearly 40 years ago. How can a punishment that has not been carried out in nearly 40 years assist in maintaining good order and discipline? This paper will examine the numerous controversies surrounding capital punishment, an extremely complex issue. It will look at the legal process from the commission of the crime to the execution of the inmate and examine the purposes of punishment. This paper will then recommend a procedure that will make the death penalty a viable form of punishment and truly assist in maintaining the good order and discipline necessary in the Armed Forces.

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Document Details

Document Type
Technical Report
Publication Date
Mar 12, 2001
Accession Number
ADA391088

Entities

People

  • Teddy R. Spain

Organizations

  • United States Army War College

Tags

Communities of Interest

  • Human Systems
  • Materials and Manufacturing Processes

DTIC Thesaurus Topics

  • Congress
  • Court Martial
  • Crime
  • Criminal Investigations
  • Criminal Justice System
  • Criminals
  • Deficiencies
  • Department Of Defense
  • Governments
  • Incapacitation
  • Law
  • Litigation
  • Military Law
  • Prisons
  • Sentence (Law)
  • United States
  • War Colleges

Readers

  • Criminal Law
  • Maritime Combat Support and Expeditionary Logistics.
  • Systems Analysis and Design