NCJ Number
105043
Journal
Military Law Review Volume: 114 Dated: (Fall 1986) Pages: 87-182
Date Published
1986
Length
96 pages
Annotation
A historical analysis is presented of the purpose of punishment in the military justice system as reflected in the evolution of sentencing procedures from 1886 to the present.
Abstract
While sharing Federal justice goals designed to deter, rehabilitate, and promote respect for the law, military justice focuses on furthering discipline and enabling the military to fulfill its national defense mission. Prior to World War II, military sentencing reflected an emphasis on retribution: an< offender was sentenced for the offense rather than on the basis of individual characteristics, although mitigating circumstances might be considered in recommendations for clemency. Between 1921 and 1949, modifications were introduced that expanded the sentencing evidence made available to court members and modified methods of proving prior convictions. The 1951 Manual for Courts Martial drastically altered the nature and scope of the sentencing process by establishing an adversarial sentencing hearing during which prosecution and defense present appropriate evidence to aid the court in determining the kind and amount of punishment to be imposed. Additional modifications further specified the procedures for presenting background information and aggravating, extenuating, mitigating, and background evidence. The military, judicially arrived at emphasis on individualized sentences for rehabilitative purposes are the result of piecemeal changes to a sentencing process over 100 years old. Further reform of this process will require defining the goals of military sentencing and modifying current procedures to effect these goals. 493 notes.