Saturday, May 21, 2022

Spanks and ranks's Rebecca Kheel writes here about concern over disparate punishment for officers and enlisted personnel. Excerpt:

Congress has undertaken some sentencing reform in recent years in an effort to close the gap between punishments for officers and enlisted personnel. But advocates say lawmakers need to do more to make sentencing more consistent.

In addition to major reforms to how sexual assault cases are prosecuted in the military, Congress last year enacted reforms lawmakers hope will lead to more consistent sentences.

Last year's defense policy bill stipulated that judges, not juries, will hand down sentences in all cases except capital offenses, bringing the military justice system closer to the civilian system. Previously, military defendants were allowed to choose whether they wanted to be sentenced by a judge or jury, in contrast to most civilian courts where juries are involved in sentencing only when the death penalty is a possibility.

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