Here is our analysis of the June 2017 Army Court-Martial results. In June the total number of court-martials was down. We count 36. We typically expect to see between 40-50+. The summer months are often PCS season and can result in lower volume. There are some obvious trends that we need more observation to explain. 1: More accused Soldiers are electing to contest there case Judge Alone.
Half of the contested cases were judge alone. That is becoming a trend. It is unclear why. I’ve always preferred a panel. The data still supports electing a jury; however, sexual assault sentences are becoming increasingly desperate. The low-end average of sentences is probably moving towards 3 years. The high end of sexual assault sentences is also escalating. That probably explains the uptick in judge alone trials. 2. Half of the cases in June were deals. That number is not surprising and is fairly consistent. 3. The contested panel acquittal rate is down. There was only one full jury acquittal. It was a sexual assault case. Most of the jury verdicts were mixed. I had a mixed verdict in June. The client received a reprimand. We’ll definitely keep our eye on this trend. Contested Panel: 9 Contested Judge Alone: 9 Full Jury Acquittal: 1 Mixed Jury Verdict: 5 Mixed Judge Alone Verdict: 4 Full Jury Conviction: 3 Full Judge Alone Conviction: 2 Full Acquittal Judge Alone: 3 Guilty Plea: 18 Here are some of the sentences. I’m not convinced they are getting fully reported. Some sentences carry a mandatory discharge, but it is not always listed. For our purposes, I’ve listed the primary offense and the confinement and discharge type. Abusive Sexual Contact – 30 days confinement, BCD Adultery (acquitted of rape) – Reprimand Assault Consummated by Battery – Reduction to E-4, 60 days confinement | 90 days confinement | 14 months confinement, BCD | 5 months confinement Assault / Larceny – 2 years confinement Aggravated Sexual Contact – 8 months confinement, BCD AWOL – 90 days confinement, BCD | 98 days confinement Child Sexual Assault – 35-year deal | 5-year deal | 8 months, DD | 18 months, DD | 10 years, DD Child Battery – Reprimand Child Pornography (Possession) – 1 year confinement, BCD | 40 days confinement, BCD Communicating a Threat – Reprimand Desertion – 23 months confinement Drugs – 13 months False Official Statement – 8 days confinement Indecent Recording – 12 months confinement Larceny – 11 months confinement, BCD | Reduction to E-6 Orders Violation – Reprimand | 6-month deal, BCD | 5-month deal Sexual Assault – 3 years, Dishonorable discharge | 25 years, DD Incest / Sexual Assault – 16 years, Dishonorable discharge.
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