Legal Definitions - sentence cap

In military law, a sentence cap refers to a specific type of pretrial agreement made during a court-martial proceeding. It is a negotiated deal where an accused service member agrees to plead guilty to certain charges. In return, the prosecution agrees that the maximum punishment the court-martial can impose will not exceed a predetermined limit, regardless of the full range of penalties allowed by law for the offense. This agreed-upon limit acts as a "ceiling" on the potential sentence, providing the accused with certainty about the worst-case outcome if they accept the plea.

• Example 1: A Marine is accused of being absent without leave (AWOL) for an extended period, an offense that could potentially lead to a year of confinement and a bad-conduct discharge. To avoid a lengthy trial and the risk of the maximum penalty, the Marine's defense attorney negotiates a plea agreement. Under this agreement, the Marine pleads guilty, and the prosecution agrees to a sentence cap ensuring that the maximum punishment imposed by the court-martial will not exceed 90 days of confinement and a reduction in rank, explicitly ruling out any form of punitive discharge.

  Explanation: This illustrates a sentence cap because it sets a specific, agreed-upon upper limit (90 days confinement and rank reduction) on the punishment, providing the Marine with a guaranteed maximum outcome that is less severe than the full potential penalty for the AWOL charge.

• Example 2: A Coast Guard petty officer faces charges of negligence that resulted in minor damage to a government vessel. While the charges could carry significant financial penalties and even a short period of confinement, the officer wishes to avoid a public trial and potential career damage. Through a plea negotiation, a sentence cap is established where, upon a guilty plea, the maximum penalty will be limited to a forfeiture of one month's pay and a formal letter of reprimand, with no confinement or discharge of any kind.

  Explanation: Here, the sentence cap clearly defines the most severe punishment the petty officer will face (forfeiture of pay and reprimand), eliminating the possibility of more severe outcomes like confinement or discharge, which were otherwise legally permissible for the offense.

• Example 3: An Air Force airman is accused of a minor drug possession offense. The airman's attorney believes a trial could be risky, potentially leading to a bad-conduct discharge and several months of confinement. To mitigate this risk, the attorney negotiates a plea deal that includes a sentence cap. The airman agrees to plead guilty, and in return, the prosecution commits that the court-martial will not impose more than 60 days of restricted duty and a reduction to the lowest enlisted rank, ensuring the airman will not receive a punitive discharge or any jail time.

  Explanation: This scenario demonstrates a sentence cap by establishing a firm upper boundary on both the type and severity of punishment (restricted duty and rank reduction), thereby protecting the airman from the most severe potential consequences, such as a punitive discharge or confinement, that could otherwise be imposed for the drug offense.