Oklahoma § 44-856 - Sentencing

§ 44-856. Sentencing

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

Oklahoma Statutes - Title 44. Militia

(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 courtmartial 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.