239 (in Article 6b), UCMJ, Congress granted the victim of an offense under the UCMJ the right to be reasonably heard during any sentencing hearing related to that offense the statute provides for the appointment of an individual to stand in for the victim if the victim is deceased in RCM 1001A(e) (2016 ed) (crime victims and presentencing), the President authorized the victim (or the victim’s designee when appropriate) to make a sworn or unsworn statement the rule further provides that unsworn statements may be oral, written, or both). ![]() (a court-martial certainly may consider the impact of the offense on the psychological well-being of any victim but a court-martial should not consider how the sentence would affect the victim). (in sentencing, a court-martial may consider the possible loss of retirement benefits that follow from a punitive discharge). (while an accused may raise a collateral consequence in an unsworn statement, the military judge may instruct the members essentially to disregard the collateral consequence in arriving at an appropriate sentence for an accused). (a sex offender registration requirement is a collateral consequence of the conviction alone, not the sentence). 323 (a collateral consequence is a penalty for committing a crime, in addition to the penalties included in the criminal sentence the general rule concerning collateral consequences is that courts-martial are to concern themselves with the appropriateness of a particular sentence for an accused and his offense, without regard to the collateral administrative effects of the penalty under consideration). TRIAL STAGES : Sentence and Punishment: Evidence ![]() TRIAL STAGES: Sentence and Punishment: Evidence
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