Military Justice Sentencing Update for COL Tyesha Smith
Military Justice sentencing update for COL Tyesha Smith covers the process where the accused selects sentencing authority, with options ranging from no sentence to maximum available. Separate sentences for each offense may be determined to run concurrently or consecutively. The FY22 NDAA parameters and criteria are applied unless there's a written departure or plea agreement. The overview includes board composition, voting members, parameters vs. criteria, and the development of sentencing guidelines. The board tasks involve submitting sentencing criteria to the President for approval, reviewing and proposing revisions, measuring the effectiveness of sentencing practices, and amending RCMs regarding sentencing proceedings and maximum punishments.
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Sentencing Update COL Tyesha Smith
MJA MJA16 v. FY22 NDAA 16 v. FY22 NDAA One sentence for all offenses (run concurrent) Current: Discretionary Sentencing Members Sentencing Phase Accused selects sentencing authority Range from no sent./mandatory min. to max available Findings Complete Separate sentences for each offense MJ determines if run concurrent/ or consecutive Judge Alone FY22 NDAA: Parameters and Criteria shall apply unless written departure or plea agreement Separate sentences for each offense MJ determines if run concurrent/or consecutive Sentencing Phase Judge Alone Findings Complete
Overview Board Composition Voting Members: Chief Trial Judges and Marine Trial Judge Non-Voting Members: NG, CAAF, OGC, and Joint Staff Parameters v. Criteria The Act requires the board to establish a sentencing range (i.e., parameters ) for all offenses except those offenses that are unsuitable for categorization and have no similar civilian criminal offense (i.e., criteria offenses). The NDAA mandates at least five offense categories but no greater than twelve for parameter offenses. The NDAA requires the board to identify offense-specific factors that may aid judges in determining an appropriate sentence for criteria offenses. Framework Sentencing Interim Working Group Voluntary Sentencing Guidelines Manual by the District of Columbia Limited data by the Defense Legal Services Agency Input from military justice stakeholders
Board Tasks Task #1 Shall Submit to President for Approval Sentencing Criteria and Parameters. Task #2 Shall regularly review and propose revisions to sentencing parameters and criteria. Task #3 Shall develop means of measuring the degree to which applicable sentencing, penal, and correctional practices are effective with respect to factors. Task #4 Shall submit proposed amendments to the RCMs with respect to Sentencing Proceedings and Max Punishments.
