Gathering Evidence for Sentencing in Military Court-Martial

Important Disclaimer: Please be aware that the information presented in this blog post is intended for general informational purposes only and should not be construed as legal advice. While we aim to provide valuable resources for military defense attorneys and the public, no blog post can replace personalized legal counsel from a qualified attorney. If you are experiencing legal issues or need specific guidance, we strongly encourage you to consult a legal professional who can address your circumstances.

As a defense attorney, you must ensure your clients are prepared for every stage of the court-martial process, including sentencing. While your primary focus is always on securing the best possible outcome during the guilt or innocence phase, you also need to prepare for the possibility of sentencing. Remind your clients that this preparation does not imply an admission of guilt but is essential for a comprehensive defense strategy.

During sentencing, the military judge will determine an appropriate punishment if your client is convicted of any charges. The evidence presented during this phase will significantly influence the court's perception of him or her—not merely as someone accused of a crime but as an individual with redeeming qualities, a track record of contributions, and the potential for rehabilitation.

As the defense, you will have the opportunity to present evidence in two important ways:

Extenuation involves the context of the offense or the circumstances surrounding it, helping to explain any mitigating factors that may have influenced your client's actions. For example, they steal from the PX or NEX because they need money to help out an ailing family member. Similarly, some individuals might shoplift groceries because they struggle to afford basic necessities. Others may commit fraud by falsifying documents to access funds or benefits they don't qualify for, driven by financial desperation. Additionally, a person might consider taking items from a workplace without permission, citing the need to cover unexpected medical bills or urgent repairs at home.

Mitigation: Here, we will highlight your client's character, achievements, and potential for future contributions to society, showcasing the positive aspects of your life.

On the other hand, the prosecution will be able to present evidence in aggravation. This may include information about how your client's crime affected the victim or community, intending to demonstrate the severity of the offense. Additionally, any victims involved will be permitted to make an unsworn statement regarding the crime's impact on them.

To build a strong case for sentencing, it is crucial to gather evidence and identify potential witnesses as soon as possible. Early action allows for collecting important documents, photographs, and personal accounts highlighting the individual’s redeeming qualities and contributions to society and the military. Taking these steps early makes it possible to present a comprehensive overview of an accused's life, which is vital in advocating for a sentence that acknowledges their potential for rehabilitation. This proactive approach also helps to justify a reduced punishment by showcasing the accused’s ongoing positive contributions to society and arguing for recognition of their potential.

To effectively represent your client and gather necessary information, here is some "homework" you might consider assigning them to inform your defense sentencing strategy and theme:

Evidence to Gather Now

1. Military Service Records

Your military career is more than just a chapter in your life; it is a core aspect of who you are. It highlights your dedication, discipline, courage, and numerous achievements that embody your character and work ethic. To thoroughly record your service, please compile the following detailed documentation:

- Awards and commendations: Collect all certificates, medals, and commendations received during your service. Include the accompanying write-ups or recommendations that highlight the significance of these honors and the circumstances under which they were awarded. This documentation illustrates your exceptional contributions and recognition by superiors and peers alike.

- Deployment orders: Gather orders that provide details of your operational assignments. These records should note the locations, duration, and nature of your deployments. Including any notable missions or humanitarian efforts enhances the narrative of your service, showcasing your ability to adapt and perform under challenging conditions.

- Performance evaluations: Collect all performance evaluations by downloading your Official Military Performance File (OMPF). These evaluations outline your work ethic, accomplishments, and overall professionalism, serving as a critical appraisal of your contributions throughout your career.

- Specialized duties and training certifications: Document any specialized assignments or training you've undertaken beyond your regular duties. This could include advanced military schooling, specialized operational roles, or leadership positions in unit training. Certifications should demonstrate your commitment to continuous improvement and readiness.

- Recognition for outstanding service: Include any formal recognition you received for exemplary service, such as challenge coins, letters of thanks, or public acknowledgments during ceremonies. These items illustrate the esteem in which you are held by your colleagues and superiors, reflecting the impact of your service.

- Photographs and news articles: Compile photographs or news articles that chronicle your achievements, training sessions, or notable events during your military tenure. Visual documentation can provide a powerful narrative to accompany your written records, capturing memories and significant moments in your career.

By meticulously assembling these elements, you will create a comprehensive reflection of your military career, underscoring the dedication and service that have shaped your identity.

2. Efforts to Address Personal Issues

If any alleged offenses involve factors such as substance abuse or anger management, demonstrating the proactive steps you’ve taken to address these issues can significantly mitigate the court’s perception of the offense. Please provide evidence of:

- Drug and alcohol abuse prevention efforts, such as participation in Alcoholics Anonymous (AA) meetings or similar programs.

- Certificates of completion for anger or financial management courses or other behavioral improvement programs.

- Counseling records or letters from therapists detailing your progress and commitment to self-improvement.

These efforts show the court that you have taken responsibility for any underlying issues and are actively working to prevent future problems.

3. Education

Your educational achievements and potential for future growth can demonstrate your ability to contribute meaningfully to society. Please gather:

- Academic transcripts and Degree Certificates provide a detailed record of your courses, grades, and overall academic performance. They are often required for applications to colleges, universities, or job positions as a testament to your educational background.

- ASVAB scores or other relevant standardized test scores: Additionally, you may consider gathering other standardized test scores or professional certifications that support your knowledge and skills in your area of expertise.

 4. Career Plans and Vocational Skills

The court will consider your ability to reintegrate into society after your military service. Providing evidence of your career plans and vocational skills can help demonstrate your potential as a law-abiding and contributing member of society. Please provide:

- A statement of your career goals after separation from the military. A copy of your latest resume.

- Documentation of vocational training or certifications you’ve earned.

- Evidence of skills that will help you secure employment (e.g., leadership training, project management skills, commercial driver’s license, or trade certifications).

- Letters of support from prospective employers, if available.

By outlining your plans for the future, we can show the court that you have a clear path forward and the means to support yourself and your family.

5. Family and Personal Background

Humanizing your story is an essential part of the sentencing process, as it allows the court to see you as a person rather than just a case number. Evidence about your family, upbringing, and personal history can provide invaluable context that may positively influence the court's decision. Here are some areas to consider when preparing your submission:

- Documentation of Your Religious Upbringing: If relevant, include any documentation that can demonstrate your involvement in the community through your religious upbringing or affiliations. This might include baptism or marriage certificates, confirmation records, or participation certificates in religious community service. Additionally, records of volunteer work through your place of worship can illustrate your commitment to helping others.

- Records of Childhood Achievements: Provide documentation that showcases your accomplishments from childhood to the present day. This can include participation in Junior ROTC, membership in the National Honor Society, awards for academic or athletic achievements, and leadership roles in clubs or organizations. For instance, if you served as a class president or led a charity initiative at school, include these details to highlight your leadership and initiative.

- Photographs: Include select photographs that best encapsulate your family life, such as family gatherings, celebrations, or significant milestones that highlight your support system. You might also want to include photos from key life events, deployments (for military personnel), or promotions to display your growth and dedication over the years. These visual elements can help humanize your story and illustrate the positive aspects of your life.

- Community Service and Volunteer Work: Provide records of your involvement in community service or volunteer activities. This might include participation in local charities, mentoring programs, or involvement in civic organizations. Highlighting your commitment to giving back can reflect your dedication to making a positive impact on others' lives.

6. Financial Obligations 

Demonstrating your financial responsibilities can provide the court with additional context when considering the potential impact of sentencing. Relevant documents include: 

Divorce decrees or child support orders outline ongoing financial commitments to former spouses or children. 

- LES (Leave and Earnings Statement) showing allotments for family members or loved ones, detailing deductions and support amounts. 

- Payment records for loans related to mortgages or education expenses, demonstrating long-term financial responsibilities. 

- Letters of financial support from family members or friends, explaining your role in providing financial assistance and the impact of your income on their well-being.

7. Character Letters

 Letters of support can be invaluable in presenting a well-rounded view of your character, achievements, and potential for rehabilitation. It’s important that these letters emphasize quality over quantity, focusing on specific examples that illustrate your positive attributes while steering clear of discussions about guilt or innocence. Here are some ideas to help you gather powerful letters of support:

- Letters from Current Supervisors and Chain of Command:

A letter from your supervisor can highlight your work ethic and professional achievements. For instance, they might describe a project where you exceeded performance goals, such as leading a team to complete a critical project ahead of schedule, which demonstrates leadership and dedication to excellence.

- Letters from Peers:

Peers can provide insights into your teamwork and leadership abilities. A compelling letter might recount a specific example where you mentored a colleague, helping them develop their skills and confidence on a significant project. This could include details about how your guidance led to a successful outcome and improved team dynamics.

- Letters from Civilian Friends, Clergy, or Community Members:

These letters can highlight your integrity and commitment to the community. For example, a community member might recount a story about your participation in a local charity event, illustrating how you organized a fundraiser that not only achieved its financial goals but also united the community. Such anecdotes can create a vivid pictur

By focusing on these specific examples and personal experiences, letters of support will reflect your strengths and resonate more deeply with the reader, making a compelling case for your character and potential for positive change.

Additionally, create a list of witnesses who know you well and can discuss relevant points in court, either in person or remotely (e.g., through phone or video conference). Include witnesses from your military background, such as supervisors, commanders, or peers, who can speak to your professionalism, leadership, and contributions. Make sure to provide their complete contact information, including full name, address, phone number, email address, and the duration of your acquaintance. Remember, focus on quality rather than quantity.

How this Evidence Helps During Sentencing

By presenting this evidence, you aim to: 

1. Show the court that the charges against your client do not define them, but instead, they are a person with a history of meaningful contributions and the potential for future success. For example, they volunteered extensively at local shelters, helping those in need and demonstrating their commitment to improving their community. In addition, their prior work in education has positively influenced many students, illustrating their ability to inspire and uplift those around them. 

2. Demonstrate that they have taken steps to address any personal challenges, such as substance abuse or anger management issues. For instance, they completed a rehabilitation program that equipped them with the tools to manage their behavior better and maintain sobriety. Furthermore, participating in anger management therapy has allowed them to understand and control their emotions more effectively, showcasing their dedication to personal growth.

3. Highlight their career plans and vocational skills, showing they are prepared to reintegrate into society as a productive, law-abiding citizen. They have pursued educational opportunities, such as enrolling in vocational training programs that will enable them to secure stable employment in a field like plumbing or electrical work, both in high demand. This proactive approach to their career demonstrates your readiness to contribute positively to society. 

4. Provide context and humanize, ensuring the court considers the person's entire life story when determining an appropriate sentence. By sharing their journey, including the hardships they faced growing up and their resilience in overcoming these obstacles, you allow the court to see the person behind the charges. This narrative can illustrate how far they have come and the steps they have taken to ensure their future aligns with the values of a law-abiding individual.

Final Thoughts

You should strive to present a thorough and honest portrayal of your client's life, character, and potential to ensure the best possible outcome for their case. It’s imperative that you begin this process as soon as possible to maximize your chances of success. Encouraging your client's active involvement in gathering evidence and identifying witnesses is absolutely vital for constructing a compelling case for sentencing. While they may hope this level of preparation will not be necessary, it is crucial to be prepared for any scenario.

It's important to understand that every case is unique. The guidance provided here is general information; nothing substitutes the legal advice you provide based on your client's unique circumstances.