Sentencing.

  1. Law
  2. Oklahoma Statutes
  3. Militia
  4. Sentencing.

Checkout our iOS App for a better way to browser and research.

ARTICLE 56. Sentencing.

A. Sentence maximums. The punishment which a court-martial may direct for an offense may not exceed such limits as the Governor or Adjutant General may prescribe for that offense.

B. Imposition of sentence.

1. In general. In sentencing an accused under Section 853 of this title (Article 53), a court-martial shall impose punishment that is sufficient, but not greater than necessary, to promote justice and to maintain good order and discipline in the state military forces, taking into consideration:

  • a.the nature and circumstances of the offense and the history and characteristics of the accused,
  • b.the impact of the offense on:
    • (1)the financial, social, psychological, or medical well-being of any victim of the offense, and
    • (2)the mission, discipline, or efficiency of the command of the accused and any victim of the offense,
  • c.the need for the sentence:
    • (1)to reflect the seriousness of the offense,
    • (2)to promote respect for the law,
    • (3)to provide just punishment for the offense,
    • (4)to promote adequate deterrence of misconduct,
    • (5)to protect others from further crimes by the accused,
    • (6)to rehabilitate the accused, and
    • (7)to provide, in appropriate cases, the opportunity for retraining and return to duty to meet the needs of the service, and
  • d.the sentences available under this chapter.

2. Sentencing by military judge. In announcing the sentence in a general or special court-martial in which the accused is sentenced by a military judge alone under Section 853 of this title (Article 53), the military judge shall, with respect to each offense of which the accused is found guilty, specify the term of confinement, if any, and the amount of the fine, if any. If the accused is sentenced to confinement for more than one offense, the military judge shall specify whether the terms of confinement are to run consecutively or concurrently.

3. Sentencing by members. In a general or special court-martial in which the accused has elected sentencing by members, the court-martial shall announce a single sentence for all of the offenses of which the accused was found guilty.

C. Appeal of sentence by the State of Oklahoma.

1. With the approval of the State Judge Advocate and consistent with standards and procedures set forth in regulations prescribed by the Governor or the Adjutant General, the government may appeal a sentence to the Military Court of Appeals, on the grounds that:

  • a.the sentence violates the law, or
  • b.the sentence is plainly unreasonable, as determined in accordance with standards and procedures prescribed by the Governor or the Adjutant General.

2. An appeal under this subsection shall be filed within sixty (60) days after the date on which the judgment of a court-martial is entered into the record under Section 860C of this title (Article 60C).

Added by Laws 2019, c. 408, § 65, eff. Oct. 1, 2019.


Download our app to see the most-to-date content.