[Code of Federal Regulations]

[Title 32, Volume 1]

[Revised as of July 1, 2006]

From the U.S. Government Printing Office via GPO Access

[CITE: 32CFR16.3]



[Page 54-55]

 

                       TITLE 32--NATIONAL DEFENSE

 

              CHAPTER I--OFFICE OF THE SECRETARY OF DEFENSE

 

PART 16_SENTENCING--Table of Contents

 

Sec.  16.3  Available sentences.



    (a) General. 32 CFR part 9 permits a military commission wide 

latitude in sentencing. Any lawful punishment or condition of punishment 

is authorized, including death, so long as the prerequisites detailed in 

32 CFR part 9 are met. Detention associated with an individual's status 

as an enemy combatant shall not be considered to fulfill any term of 

imprisonment imposed by a military commission. The sentence 

determination should be made while bearing in mind that there are 

several principal reasons for a sentence given to those who violate the 

law. Such reasons include: punishment of the wrongdoer; protection of 

society from the wrongdoer; deterrence of the wrongdoer and those who 

know of his crimes and sentence from committing the same or similar 

offenses; and rehabilitation of the wrongdoer. In determining an 

appropriate sentence, the weight to be accorded any or all of these 

reasons rests solely within the discretion of commission members. All 

sentences should, however, be grounded in a recognition that military 

commissions are a function of the President's war-fighting role as 

Commander-in-Chief of the Armed Forces of the United States and of the 

broad deterrent impact associated with a sentence's effect on adherence 

to the laws and customs of war in general.

    (b) Conditions of imprisonment. Decisions regarding the location 

designated for any imprisonment, the conditions under which a sentence 

to imprisonment is served, or the privileges accorded one during any 

period of imprisonment should generally not be made by the commission. 

Those decisions and actions, however, may be appropriate subjects for 

recommendation to the person making a final decision on the sentence in 

accordance with of 32 CFR 9.6(h).

    (c) Prospective recommendations for sentence modification. A 

sentence imposed by military commission may be accompanied by a 

recommendation to suspend, remit, commute or otherwise modify the 

adjudged sentence in concert with one or more conditions upon



[[Page 55]]



which the suspension, remission, commutation, or other modification is 

contingent (usually relating to the performance, behavior or conduct of 

the Accused). Unless otherwise directed, a decision or action in 

accordance with such a recommendation will be effected by direction or 

delegation to the Appointing Authority by the official making a final 

decision on the sentence in accordance with of 32 CFR 9.6(h).