1. A. General. Mitigation is a reduction in either the quantity or quality of a punishment. For example, a punishment of $50.00 forfeiture may be reduced to $25.00. The general nature of the punishment remains the same. Mitigation is appropriate when:

   1. 1. the recipient has, by the recipient's subsequent good conduct, merited a reduction in the severity of punishment.
   2. 2. the punishment imposed was disproportionate to the offense or the offender.
2. B. Judge Advocate Advice. As the rules for mitigation are somewhat complex, Judge Advocate advice is warranted.

Authority Note

AUTHORITY NOTE: Promulgated in accordance with R.S. 29:11(F).

Historical Note

HISTORICAL NOTE: Promulgated in accordance with the Office of the Governor, State Military Department, LR 35:2366 (November 2009).