Adoption of the Federal Sentencing Guidelines by Courts-Martial
JUDGE ADVOCATE GENERAL'S SCHOOL CHARLOTTESVILE VA
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A comparative analysis of the United States sentencing Guidelines to the military sentencing process concludes that the Department of Defense should develop and implement military sentencing guidelines. Due to the experiences of the United States Sentencing Commission, the military should parallel, but not adopt into the federal Guidelines. Federal Guidelines reduce disparity and create uniformity in sentencing. Disparity and outdated sentencing procedures hinder equitable military justice. Inequitable military justice often breeds discontent among servicemembers. Discontent servicemembers become disciplinary problems through disobedience of laws and regulations. Military sentencing guidelines, uniformly applied to all the branches of the armed forces, would promote discipline by reducing sentencing disparity.
- Sociology and Law