What is the status of ongoing court martial cases within the U.S. Army branch?
As you are likely aware, the U.S. military maintains its own separate and distinct jurisdiction from the federal and state courts. The military has its own penal code, set of laws, sentencing guidelines, and judicial process – known as a court martial. Moreover, the military recruits its attorneys and judges from a pool of candidates with both a legal and military background, known more common as the Judge Advocate General (J.A.G.) Division.
In April, 2015, the Army released a comprehensive set of statistics detailing the recently-concluded matters before its court martials across the U.S. The following details some of the more high-profile matters resolved in each of the five judicial circuits covered by the Army’s tribunals, including the sentences rendered against each offender.
Homicide & Sex Crimes Cases
All five circuits were faced with allegations of homicide and sexually-based offenses. For instance, one officer was sentenced to five years’ confinement and discharged dishonorably from the service for engaging in sexual abuse and several counts of assault. In the Third Judicial Circuit, a Sergeant was convicted of one specification of desertion, one specification of drunken operation of a vehicle, and two specifications of negligent homicide – all of which were entered pursuant to a guilty plea. This particular service member was downgraded to a status of E-1, sentenced to 33 months’ confinement, and dishonorably discharged.
Larceny & Theft Crimes
Under military law, the degree of larceny charge depends on the value of the item stolen – with higher-value items resulting in possible felony convictions. In the Fourth Judicial District, four separate individuals were charged with larceny crimes, all of which received a conviction and penalties. Of the four, just one avoided a dishonorable discharge, and all were required to submit to confinement ranging from three months to 11 years.
Controlled Substance Offenses
Although not as common within this particular set of data, four separate cases were resolved involving the alleged possession and/or use of controlled substances by military members on base. Of the four offenders, all were convicted of their charges and released from the military on a “bad conduct” discharge.
If you are a member of the military and are facing a current court martial, we encourage you to immediately contact the Denver and Colorado Springs, CO attorneys at Aviso Law LLC by calling (719)247-3111 today!
