{"data":{"id":"us-ok/okla.-stat.-tit.-44-44-856","jurisdiction":"us-ok","citation":"Okla. Stat. tit. 44, § 44-856","heading":"Sentencing","body":"ARTICLE 56. Sentencing.\n\nA. Sentence maximums. The punishment which a court-martial may\n\ndirect for an offense may not exceed such limits as the Governor or\n\nAdjutant General may prescribe for that offense.\n\nB. Imposition of sentence.\n\n1. In general. In sentencing an accused under Section 853 of\n\nthis title (Article 53), a court-martial shall impose punishment\n\nthat is sufficient, but not greater than necessary, to promote\n\njustice and to maintain good order and discipline in the state\n\nmilitary forces, taking into consideration:\n\na. the nature and circumstances of the offense and the\n\nhistory and characteristics of the accused,\n\nb. the impact of the offense on:\n\n(1) the financial, social, psychological, or medical\n\nwell-being of any victim of the offense, and\n\n(2) the mission, discipline, or efficiency of the\n\ncommand of the accused and any victim of the\n\noffense,\n\nc. the need for the sentence:\n\n(1) to reflect the seriousness of the offense,\n\n(2) to promote respect for the law,\n\n(3) to provide just punishment for the offense,\n\n(4) to promote adequate deterrence of misconduct,\n\n(5) to protect others from further crimes by the\n\naccused,\n\n(6) to rehabilitate the accused, and\n\n(7) to provide, in appropriate cases, the opportunity\n\nfor retraining and return to duty to meet the\n\nneeds of the service, and\n\nd. the sentences available under this chapter.\n\n2. Sentencing by military judge. In announcing the sentence in\n\na general or special court-martial in which the accused is sentenced\n\nby a military judge alone under Section 853 of this title (Article\n\n53), the military judge shall, with respect to each offense of which\n\nthe accused is found guilty, specify the term of confinement, if\n\nany, and the amount of the fine, if any. If the accused is\n\nsentenced to confinement for more than one offense, the military\n\njudge shall specify whether the terms of confinement are to run\n\nconsecutively or concurrently.\n\n3. Sentencing by members. In a general or special court-\n\nmartial in which the accused has elected sentencing by members, the\n\ncourt-martial shall announce a single sentence for all of the\n\noffenses of which the accused was found guilty.\n\nC. Appeal of sentence by the State of Oklahoma.\n\n1. With the approval of the State Judge Advocate and consistent\n\nwith standards and procedures set forth in regulations prescribed by\n\nthe Governor or the Adjutant General, the government may appeal a\n\nsentence to the Military Court of Appeals, on the grounds that:\n\na. the sentence violates the law, or\n\nb. the sentence is plainly unreasonable, as determined in\n\naccordance with standards and procedures prescribed by\n\nthe Governor or the Adjutant General.\n\n2. An appeal under this subsection shall be filed within sixty\n\n(60) days after the date on which the judgment of a court-martial is\n\nentered into the record under Section 860C of this title (Article\n\n60C).","path":["OK Code","Title 44"],"source_url":"https://www.oklegislature.gov/OK_Statutes/CompleteTitles/os44.pdf","current_through":"2026-08-14","vintage":"open-us-law v2026.08, retrieved 2026-09-14","retrieved_at":"2026-09-14T18:32:36Z","sha256":"1a8943b7a589c2c8ddfe99a9a09cb0c3923956f745376ad8503f0d55fa5898a7","source_id":"us-ok","stale":false,"prev":"us-ok/okla.-stat.-tit.-44-44-855","next":"us-ok/okla.-stat.-tit.-44-44-857"},"notice":"GroundRules: Original legal text. Not legal advice."}