Abolition of Court-Member Sentencing in the Military
JUDGE ADVOCATE GENERAL'S SCHOOL CHARLOTTESVILE VA
Pagination or Media Count:
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 governmenttrial counsel commanderscourt-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.
- Sociology and Law