The December 2014 issue of the Federal Sentencing Reporter is titled Military Sentencing: Another Federal Sentencing System (Part 1). The full edition is not available for free online, but the table of contents (and previews of the articles) is available for free at this JSTOR link.
The issue includes an article by Chief Judge Baker of CAAF that is available for free online: James E. Baker, Is Military Justice Sentencing on the March? Should it be? And if so, Where should it Head? Court-Martial Sentencing Process, Practice, and Issues, 27 Fed. Sent’g Rep. 72-87 (2014-2015) (available here).
Noting that “military justice is an essential national security tool,” Chief Judge Baker’s article:
starts with a sketch of the military justice system to orient readers. Understanding that structure, the article then describes the sentencing process for special and general courts-martial. The article follows by identifying two core military sentencing questions: First, should commanders have authority to grant clemency? Second, should the military justice system adopt sentencing guidelines? With respect to each topic presented, the article does not attempt to answer the questions nor offer prescriptions. Rather, it seeks to identify the principal fault lines around which debate should, or will likely, fall. The article next presents ‘‘nutshell’’ introductions to additional sentencing matters that may warrant review as applied in the military context, including the handling of collateral matters, and the relationship between age and culpability.
Baker, supra, at 72.
The article is balanced, an interesting read, and worthy of your time this Saturday morning.