NCJ Number
105042
Journal
Military Law Review Volume: 114 Dated: (Fall 1986) Pages: 1-85
Date Published
1986
Length
85 pages
Annotation
This article presents a comprehensive guide to the court-martial sentencing process for trial counsel.
Abstract
Following a review of the prosecutorial sentencing philosophy, assessment of mitigating circumstances, witness interview, and documentary evidence collection are discussed as necessary to pretrial preparation. The procedures followed by trial counsel in the presentation of a case in aggravation following a finding of guilty then are outlined, and specific categories of aggravation evidence are described. Types of admissible evidence and limitations on evidence that may be presented by the defense counsel in a case of extenuation and mitigation are discussed. Cross-examination of defense witnesses and rebuttal procedures also are explained. Additional factors that may be considered in sentencing (e.g., guilty plea, pretrial confinement time) are noted, and the voting procedure used to arrive at a sentence is described. Finally, the punishments authorized at courts-martial are set forth. These include the death penalty, separation from service (dismissal, dishonorable discharge, and bad-conduct discharge), deprivation of liberty, deprivations of pay, reduction in grade, and reprimand. 427 footnotes.