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Military Sentencing 101-Back to the Basics

Introduction

"Have you first checked the big red book?"1 This is the answer most new counsel receives when they ask questions regarding court-martial procedures. The supervisor is not being lazy, but ensuring that the counsel has at least opened the Manual for Courts-Martial and read the appropriate rule before asking their question. A working knowledge of the Rules for Courts-Martial (RCM) is essential not only for the merits portion of a case, but also for the sentencing portion. Sentencing in the military is unique. Unlike the civilian system, the military does not use sentencing guidelines but instead uses an adversarial hearing to "receive full information concerning the accused's life ...

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