The Jude Advocate Generals School

Mercy Killings in Combat The Jude Advocate Generals School

A Soldier who kills a gravely wounded combatant to end his suffering likely will be charged with premeditated murder. If convicted of premeditated murder, the Soldier will be sentenced to life in prison-there is no discretion. Life in prison is the mandatory minimum sentence for a premeditated murder conviction. A mandatory life sentence for combat related mercy killings is unjustifiable for three reasons. First, it subjects the Soldier to a punishment that does not correspond with the moral wrongfulness of the crime. Second, the mandatory minimum sentence constructively coerces the Soldier into a posture to plead guilty to a lesser charge to avoid the risk of the mandatory life sentence. Third, it deprives the Soldier of any meaningful sentencing case by making matters in mitigation and extenuation irrelevant.