i've been dating a young man in the Air Force for about 2 months, when i found a out a couple of days ago that he has been apprehended and accused of the premeditated murder of two people. I just want to know what he can expect if he is Court-Martialed and sent to prison. I have no pre-knowledge of military justice. Is time in a military prison different from time in a civilian prison? Can he get longer time? shorter time? would he ever be transferred to a civilian prison? Any extra information would be extremely helpful.

If he is found guilty of premeditated murder it is likely that he will get LIFE ... which means he would probably be paroled in about 20-25 years.

.... and yes, Military Prisons are different in many ways ... it would take a book to explain it all ... but overall I think the time in the Military system is 'easier' in some ways than time than in the civilian systems, but in some ways it is harder. It depends on the person.

I hope this helps ...

James

Yes, thank you, New4az. I researched maximum sentences on article 118s and read that maximum is death or life in prison. it's a bit depressing but reading your post lightened me a little bit. i would like to know what percentage of people committing article 118s are sentenced to death. is it less likely for that to happen?

If he is found guilty of premeditated murder it is likely that he will get LIFE ... which means he would probably be paroled in about 20-25 years.

.... and yes, Military Prisons are different in many ways ... it would take a book to explain it all ... but overall I think the time in the Military system is 'easier' in some ways than time than in the civilian systems, but in some ways it is harder. It depends on the person.

I hope this helps ...

James

This is definately the right place for you to get the information you need. My son was convicted of Felony Murder. He was involved in a robbery and the victim died even tho he didn't commit the murder. He could have been sentenced to life with or without parole. To avoid the possiblity of life without parole, he entered into a plea agreement and received 40 years. He was also given the opportunity to file an appeal because of the way the interrogation was handled. We hired a civilian attorney to handle the appeal as the Military is backed up to their noses in appeals. We felt this way he would get a better shot at it. Just remember that the military has to abide by the US Federal laws when it comes to interrogation, reading rights etc. I wish you both the best and let us know if there is anything we can do. I would write to him if he would not mind. I just feel the more people who can lend their support, the better.
Loretta

N18...
If your boyfriend is charged with premeditated murder under UCMJ, the mandatory minimum is life with or without parole and the death penalty is available. Whether it will be referred as a death penalty charge depends on the circumstances, and the decision of the convening authority (the commanding officer who refers the charges to the courts-martial). Also, if your boyfriend enters a plea agreement, the sentencing could be very different. Even though an adjudged sentence of life can be pronounced by the military judge at the plea hearing, the sentence he will actually serve is limited to that set out in the plea agreement. The military system is somewhat different than civilian but generally follow the same Rules of Procedure and Evidence. He will have an Article 32 hearing (where it's decided whether there is enough evidence to formally charge him with the offenses), then an arraignment (where he will be formally charged and enter a preliminary plea--guilty or not guilty), then either a courts-martial (if he plead not guilty) or a sentencing hearing (if he plead guilty). Military prisoners with sentences of (I think) 5 or more years are generally confined at the United States Disciplinary Barracks at Ft. Leavenworth in Kansas. Military confinees accrue good time pursuant to a point system based on many factors (length of sentence, type of crime, criminal record, disciplinary infractions while confined, etc.). I have been told that parole is hard to come by in a military prison, but as you can read the posts here, it is not impossible.

Here is a link that explains some of the policies:

http://www.dtic.mil/whs/directives/corres/text/d13254p.txt

I hope this gives you some useful information. Welcome to the military forum. Remember, we are all here if you need help and support.

Take care.
~ Lisa

I just want to say thank you, everyone, so very much for your willingness to help and support. I was drowning there for a while and it's still rather tough, but having an idea as to what to expect helps somehow. i heard recently that he actually turned himself in. (I found out about everything through the newspaper and I have not been in contact with him) Does that in anyway help is case? He's already had his hearing and is formally charged with the crimes. Will things move quickly now or can other circumstances slow things down regardless of his cooperation? I appreciate all the information.

Thank you so much...
N8

N8, His turning himself in could work to his advantage, although it probably won't lessen sentencing by any appreciable amount. Under UCMJ, he has the right to a speedy trial, just as any criminal defendant in the civilian system does. Delays are permitted as long as they are "reasonable." The military does things differently in many situations and how they allot time for delays is based on statutes. Things that might slow the process down is a defense request for experts to examine either him or the evidence, or the prosecution requesting a delay to process evidence or something similar. There are so many variations, it is impossible to cover them all here. The court's docket itself might have some influence, as well. If they are swamped with cases, as most seem to be, it may take a little longer, but that is no violation of his right to speedy trial. Again, the reasonableness standard is used. Generally, the federal rules (to which military courts adhere) call for a 270-day period between arraignment and trial, but again, delays that are reasonable can extend this. His entry of a guilty plea, if that is what you mean by "cooperation," will certainly eliminate the need for a fact-finding. He will stipulate to the facts as part of his plea. His defense counsel will negotiate with the prosecutors as to sentencing and that will also become part of the plea. At the sentencing hearing, the military judge will thoroughly review the facts and plea with him and have him acknowledge every detail, as well as state that he is entering the plea knowingly and voluntarily. He will be informed that by pleading, he waives his right to appeal certain issues. The military judge will then consider the plea and base his decision on the facts as the law is applied--including the UCMJ, Manual for Courts-Martial, and the Judge's Benchbook. Although the military judge will decide on an adjudged sentence, he/she will not know the quantum portion of the plea agreement - the term of imprisonment agreed to by the prosecutor. Unless the military judge decides on a LESSER sentence than that in the plea agreement, the terms of the plea control. Once the sentencing is complete, the record will be sent to both the prosecutor and defense for verification, and correction if necessary. After that, the entire record is sent to the Staff Judge Advocate for review. The SJA then will make a recommendation to the Convening Authority to approve or disapprove (unlikely) the sentence. At that time, the defense submits items in mitigation (letters or other evidence from family, friends, community leaders, teachers, etc. evidencing good character and rehabilitative prospect). The Convening Authority's decision then becomes the final decision in the process. Of course, there is an appeal by right that takes place but that will not be resolved for several years. He will not have to do anything to cause the appeal by right. The case will be assigned to an appellate lawyer who will review for any errors. The Army Court of Appeals will review the case and any brief the appellate lawyer submits. That, in a nutshell, is the process. There are other quirky details of procedure and always instances peculiar to each case that could vary the process in some way. After the sentencing hearing, he will be transferred to confinement. Right now, he is in detention. If he's charged under Art. 118 for premeditated murder and the plea agreement does not amend those charges (say, to manslaughter based on circumstances causing the deaths), his mandatory minimum is life without parole. Given that sentence, he will be confined at USDB at Ft. Leavenworth, so prepare yourself for his immediate transfer. Try to stay in contact with him. There is a maxim I learned here at PTO that really helped me--"hate the crime, love the criminal." I don't know the extent of your relationship although you said you had only been together a few months. If you want to continue to help him, just be there for him. Write him a letter, send a card or postcard, whatever. And, of course, we are here to help you however we can.

Take care,
Lisa