In a Court Martial Trial, What Am I Up Against?

When a military service member is facing a court martial, he must fully understand what he is up against. Often, the accused is does not realize the gravity of the situation until it is too late.

In most cases, the Prosecution has numerous attorneys and paralegals working hard to put you in prison for as long as possible. In the Military Justice system, the accused is often scared, overwhelmed, and feels helpless. Therefore, they feel they have no choice but to quickly plead guilty. Take a look at the facts:

AUGUSTA GA

Government prosecution team members usually outnumber your assigned military defense team 5 to 1. The accused is often denied requested delays and continuances so that they can prepare for boards, Article 32's, and courts martial. Military prosecutors often use the "shotgun approach" to charging. Their strategy is simple, charge a military service member with as many charges as possible, and they will have no choice but to plead guilty. It is not uncommon for a court martial charge sheet to be 3-4 pages long, usually with the same conduct charged over and over again, in a variety of ways.

The Government has virtually unlimited financial resources and some prosecutors will try to win at all costs. The Government has its own staff of criminal investigators (CID, NCIS, MPI, etc.) trying to dig up dirt to use against you.

Rank often plays a role in the outcome of your case. Almost always, the Judge, the Chief of Military Justice, the Staff Judge Advocate (SJA), most of the jury, the Convening Authority (the person that picks the jury and decides whether or not you will be court martialed), the Article 32 officer, the chain of command, and virtually every person that makes a decision in your case will outrank you and your assigned Military Lawyer. An aggressive civilian defense lawyer is not subject to rank.

In a Court Martial Trial, What Am I Up Against?

AUGUSTA GA

Is There Any Protection Under Military Law Against Cruelty and Maltreatment?

Many individuals do not understand that the military has its own laws in place and believe that any form of treatment can be handed out to members-cruel or otherwise-and there is nothing the service member can do except grin and bear it. This is certainly not the case and there are precise laws in place to prevent cruelty and maltreatment.

Any individual, regardless of rank or position, who is charged with cruelty, oppression, or maltreatment of any of his subordinates will find himself in a court martial proceeding.

AUGUSTA GA

This law is for the protection of any individual who is compelled to follow the orders of the individual accused of the offence. The treatment doesn't always have to be of a physical nature, but there are standards by which the nature of the offence will be compared. Examples that may come under this section of charges would be improper punishment, assault, and sexual harassment.

Perhaps the misinformed conception of the laws pertaining to this offence came about because of the general mindset of the members of the military. Some may have thought that enduring cruelty and maltreatment was all part of the training. There may have been others that were afraid to step forward for fear of repercussions from fellow members. In any event, that type of attitude has changed over the last several years. Most of the members fully realize the hardships of the training involved but are also aware that cruelty and maltreatment are not condoned or tolerated by military law.

There may also be some misunderstanding as to what sexual harassment consists of. The following are some prime examples of sexual harassment, although the list is not all-inclusive, and of course each case depends on its own circumstances.

Influencing Deliberate or offensive comments Offensive gestures that suggest they are of a sexual nature Threats against the career, wages or employment of an individual in return for sexual favors.Individuals that are found guilty under Article 93 can receive a dishonorable discharge, one year's confinement, and be compelled to forfeit pay and allowances. If it is deemed to be a lesser included offence, then it would come under the jurisdiction of Article 80.

These laws have been put in place to protect every member from the type of treatment outlined here. It is important that all those subject to military rule and regulation understand what their rights are.

Is There Any Protection Under Military Law Against Cruelty and Maltreatment?

AUGUSTA GA