Military Court Martial Cases: The Sentencing Process скачать в хорошем качестве

Military Court Martial Cases: The Sentencing Process

Sentencing in Military Court Martial Cases Court Martial Attorney, Michael Waddington, discusses Sentencing in Military Courts Martial Cases. There are three types of court martial—summary, special, and general. A conviction at a general court-martial is equivalent to a civilian conviction in a federal district court. Special courts are considered "federal misdemeanor courts" because they cannot impose confinement for longer than one year. Summary courts-martial have no civilian equivalent. Call 1-800-921-8607 to speak with a civilian defense attorney today. Sentencing in a U.S. military court-martial is a distinct phase of the trial process and follows several key steps and principles: Two-Phase Trial: In the military justice system, the trial is divided into two phases: the guilt or innocence phase and the sentencing phase. If the accused is found guilty in the first phase, the trial moves to sentencing. Procedure After Verdict: Once a verdict of guilty is reached on any charge, the court-martial proceeds to the sentencing phase. Unlike in many civilian criminal courts, the same panel (jury) that determined guilt also determines the sentence. Presentation of Evidence: Both the prosecution and defense are allowed to present evidence during the sentencing phase. This can include: Aggravating Factors: Presented by the prosecution, these might include the impact of the crime, the harm suffered by victims, the service member's prior record, and any other factors that argue for a harsher sentence. Mitigating and Extenuating Factors: Presented by the defense, these can include the service member’s military record, character witnesses, personal background, circumstances that might have contributed to the offense, and potential for rehabilitation. Victim Statements: Victims are allowed to give statements during the sentencing phase, describing the impact of the crime on their lives. This is similar to victim impact statements in civilian courts. Arguments and Recommendations: Both sides make arguments regarding the appropriate sentence and may recommend specific punishments. Deliberation by the Panel: After hearing all the evidence and arguments, the panel (jury) deliberates to decide the sentence. In a judge-alone trial, the military judge decides the sentence. Sentence Requirements: The sentence must be within the maximum limits prescribed for the offenses for which the accused is found guilty. Sentences can include confinement, punitive discharge (such as dishonorable or bad-conduct discharge), forfeiture of pay and allowances, fines, reduction in rank, or a combination of these. Unanimity Not Required for Sentence: Unlike the verdict, which must be unanimous in a general court-martial for certain severe punishments (like a life sentence or death penalty), the sentence decision does not need to be unanimous. The required majority can vary depending on the severity of the sentence. Post-Trial Process: After the sentence is determined, there is a post-trial review process, which can include an automatic appeal to a higher military court if the sentence involves a punitive discharge, long-term confinement, or a certain level of severity. Commander’s Action: The convening authority (usually a high-ranking officer) reviews the trial findings and has the power to approve, disapprove, commute, or suspend the sentence. The military justice system places a strong emphasis on both the seriousness of the offense and the character and service record of the accused. This dual focus aims to balance the needs of military discipline and justice with fairness to the individual service member. Special Court Martial A special court martial is the intermediate court level. It consists of a military judge, trial counsel (prosecutor), defense counsel, and a minimum of three officers sitting as a panel of court members or jury. An accused may also request a trial by a judge alone. Regardless of the offenses involved, a special court martial sentence is limited to no more than forfeiture of two-thirds basic pay per month for one year, and additionally for enlisted personnel, one-year confinement (or a lesser amount if the offenses have a lower maximum), and/or a bad-conduct discharge. General Court Martial A general court martial is the highest court level. It consists of a military judge, trial counsel (prosecutor), defense counsel, and a minimum of five officers sitting as a panel of court martial members. An enlisted accused may request a court composed of at least one-third of enlisted personnel. An accused may also request a trial by a judge alone. In a general court martial, the maximum punishment is set for each offense under the Manual for Courts Martial (MCM). It may include death (for certain offenses), confinement, a dishonorable or bad-conduct discharge for enlisted personnel, a dismissal for officers, or several other forms of punishment.