Development, Adoption, and Implementation of Military Sentencing Guidelines
JUDGE ADVOCATE GENERAL WASHINGTON DC
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This thesis. proposes that the military adopt a unique form of sentencing guidelines. While the military and federal sentencing system pursue almost identical sentencing goals, the two systems do so in a divergent manner. The federal system uses sentencing guidelines while the military pursues its sentencing goals through sentencing discretion and individual sentencing. This thesis contends that the military sentencing system creates unwarranted sentence disparity. Unwarranted sentence disparity was one of the primary factors that led to the creation of federal sentencing guidelines. Similarly, the military should adopt unique sentencing guidelines to increase sentence uniformity and satisfy the goals of military sentencing. Two factors support the adoption of military sentencing guidelines. First, Congress has directed that the military justice system should mirror the federal system where practicable. Second, the appellate courts have declared that sentence uniformity is applicable to the military.
- Sociology and Law