United States v. Varacalle

In United States v. Mosely,1 we reviewed the special emphasis military law places upon the individualization of sentence, and concluded that it was improper to adjudge a more severe sentence than might otherwise be imposed because of a purpose to deter others in the general population from committing the same offense, notwithstanding such practice is commonplace in the civilian courts. The decision has been strongly criticized in some commentaries and in decisions by Courts of Military Review, but I am still persuaded that it is justified, indeed required, by the authorities upon which we…