United States v. Ohrt

DECISION

MURDOCK, Judge:

This case reexamines the issue of proper sentencing testimony concerning rehabilitative potential.

Unlike its predecessor, the 1984 Manual for Courts-Martial included a provision authorizing the trial counsel to present “evidence of rehabilitative potential”. R.C.M. 1001(b)(5). It states:(5) Evidence of rehabilitative potential. The trial counsel may present, by testimony or oral deposition in accordance with R.C.M. 702(g)(1), evidence, in the form of opinions concerning the accused’s previous performance as a servicemember and potential for rehabilitation. On…