Who has the authority to set the maximum punishment for a military offense?

The commanding officer (CO) holds the authority to establish the maximum punishment for military offenses within their jurisdiction. This is a fundamental element of military law, where the CO is responsible for maintaining discipline and order within their unit. The CO's authority is derived from the Uniform Code of Military Justice (UCMJ) and related regulations, which empower them to impose disciplinary measures as deemed appropriate for specific offenses. By setting maximum punishments, the CO ensures that penalties are consistent, fair, and aligned with the nature of the offense, while also providing a framework for accountability within the military hierarchy.

The other roles listed, while significant in the military justice system, do not possess the same level of authority as the CO regarding punishment. Military prosecutors may present cases and recommend punishments, but they do not set the maximum limits themselves. The defense attorney's role is to advocate for their client without authority to govern punishments. The Judge Advocate General (JAG) provides legal advice and support but does not impose disciplinary measures directly; their function is to assist in upholding the legal framework within which the CO operates.