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The Reprieve Power: May The Uniform Code Of Military Justice Limit Executive Clemency?, Nino C. Monea
The Reprieve Power: May The Uniform Code Of Military Justice Limit Executive Clemency?, Nino C. Monea
West Virginia Law Review
Article 57 of the Uniform Code of Military Justice states the President "may commute, remit, or suspend the sentence, or any part thereof, as the President sees fit. That part of the sentence providing for death may not be suspended." This seemingly contradicts Article 2 of the United States Constitution, which states that the President "shall have the power to grant Reprieves and Pardons for Offenses against the United States, except in Cases of Impeachment." This Article looks at whether the power to "reprieve" offenses includes the power to suspend sentences, including military sentences, and concludes that it does. The …