Abolition of Court-Member Sentencing in the Military
Abstract
This thesis examines the question of whether court-members are qualified to perform the complicated and important task of adjudging fair and appropriate sentences for service members convicted by a military courts-martial. After tracing the origins of our current sentencing procedures and a brief comparison to the Federal and state criminal sentencing procedures, the thesis analyzes the advantages and disadvantages of sentencing by lay court-members versus sentencing by military judge alone from the perspectives of the key players involved in military justice: the accused; the government/trial counsel; commanders/court-members; military judges; and the general public. The thesis concludes with the recommendation that court-members be eliminated from the sentencing process, and military judges assume this responsibility exclusively.
Document Details
- Document Type
- Technical Report
- Publication Date
- Apr 01, 1993
- Accession Number
- ADA456593
Entities
People
- James K. Lovejoy
Organizations
- The Judge Advocate General's Legal Center and School