Military Justice Sentencing Overview
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EsLebeDeutschlandMilitary Justice Sentencing Overview
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EsLebeDeutschlandESTABLISHMENT OF MILITARY JUSTICE .
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pleted trial of the case, and that this action resulted in a complete miscarriag e
, of justice, disapproved the sentence and restored the accused to duty . In-
strnces have been frequent where sentences of long duration have been mate-
rially reduced by the reviewing authorities. In many instances sentences o f
10 years were reduced to as low as six months . In cases Nos . 114221 and 114398 ,
sentences of 15 years, and in case No . 114364, one of 20 years, were reduce d
to six months . On the other hand, cases have been cited in the public press
and there are unquestionably others which have not been publishedwherei n
the sentences imposed and approved have been severe beyond all reason .
Sentences of undue length have been imposed and permitted to stand whe n
it was known that the offender would never serve more than a small fraction of d
this imprisonment . The sentences were undoubtedly given for their deterren t
effect . The offenses towering above all others wherein unusually heav y
sentences were imposed were those of desertion and absence without leave .
It is interesting to note in this connection that various expediencies wer e
resorted to in order to prevent these serious offenses, committed, many of them ,
upon the eve of departure of organizations for France . In one division, in th e
month of January alone, the number of desertions was 234 . The division com-
mander was unusually successful in reducing the number of desertions in th e
succeeding months. In his report he stated as follows :
" I always approve severe sentences for desertion but reduce the severit y
when it is shown that the man voluntarily returned . These cases are pub-
lished to the command . I also make an effort to have all of these case s
published in the newspapers, so that the soldiers' relatives and friends ca n
be made to realize the seriousness of desertion in time of war . "
The following table indicates the number of cases of desertion in the perio d
January 1 to August 18, 1918, the date of the division commander's report :
January 234
February 82
March e 80
April 91
May 67
June 46
July 30
Aug. 118 21
As a result of an investigation made by an officer of this department and
from his report, dated January 18, 1919, it appears that, from the establish-
ment of the stockade at the Port of Embarkation, Hoboken, N. J ., in April, .
1918, to November 13, 1918, two days after the signing of the armistice ,
9,280 enlisted men were confined therein . The stockade was constructed on
account of the alarming increase in the number of absences without leave .
One regiment alone departed for overseas service leaving 400 men behin d
absent without authority . One company had 25 absentees at the date of
departure. Before the establishment of the stockade, one soldier absente d
himself six successive times from as many different casual organization s
bound for overseas service. This will give an idea of the difficulties unde r
which the War Department . was laboring, due to the frequency of soldier s
deserting their commands or absenting themselves therefrom on the eve o f
departure nverse, s .
In case No . 120910 the accused was tried (at Camp Gordon, Ga .) for twice ab-
senting himself without leave, for breaking arrest before he was set at libert y
by proper authority, all this in spite of the fact that his organization had bee n
instructed to hold itself in a constant state of readiness for overseas service .
He pleaded guilty to these offenses, and the only defense offered by him was i n
the following words :
" I just want to make a statement without being sworn . I went home for th e
purpose of seeing my father, mother, and sister . I was likely to never see them
any more. That is all, I reckon ."
He was found guilty and sentenced to dishonorable discharge, and, in addition ,
to 10 years' confinement . The convening authority approved the sentence o f
confinement but suspended the dishonorable discharge, and the soldier was sen t
to the United States Disciplinary Barracks, Fort Leavenworth, Kans . The
accused was 30 years of age . After serving five months of his confinemen t
the commandant of the United States Disciplinary Barracks recommende d
a remission of eight and one-half years of his sentence . The clemency boar d
in the office of the Judge Advocate General recommended restoration to duty .