LANGLEY AIR FORCE BASE, Va. –
The court president rises to read the verdict: Guilty! No one is laughing, no one is having a good time and no one wants to be the guilty Airman.
"If a person commits an offense, whether it's on base, off base, overseas or on a plane, the Uniform Code of Military Justice applies to you so long as you're on active duty," said Capt Michael Carruthers, Langley Area Defense Counsel.
Langley currently ranks second in the Air Force for the most courts-martial. Last year, 30 Airmen were tried by court-martial under the UCMJ. Twenty-nine of the 30 were found guilty of at least one offense said Capt. Andrea Hall, 633d Air Base Wing Judge Advocate Military Justice chief.
Airmen are sent to courts-martial for a variety of reasons, but drug use is the most common one at Langley, Air Combat Command and Air Force levels, she said.
"Those charges are preventable," said Tech. Sgt. Steven Morris, 633d Comptroller Squadron Wing Staff Agency first sergeant.
Service members charged with a crime under the UCMJ have similar constitutional rights to a trial as civilians do.
"It's just and fair," Morris said, "Not only for the member, but for the Air Force as well."
Building the case
Before prosecutors can bring a case to court, investigators must first build a case against the accused. The appropriate convening authority, usually a high-level commander, will review the case and then decide whether to refer the case to court for a trial or set a less severe type of punishment.
In the military, the accused is not responsible for costs associated with the trial. An experienced military defense counsel is assigned to represent the member free of charge, although the accused may also choose to pay for civilian counsel. The defense counsel assists the accused throughout the entire legal process.
"We're framing the case ahead of time through fact gathering and witness interviews," Carruthers said.
Behind courtroom doors
At Langley, the trial takes place in a courtroom at the base legal office, which contains all the necessary players. What civilians call a defendant, the Air Force calls the accused. A military judge in a black robe sits behind a podium, a court reporter records everything that is said and a bailiff maintains order and assists the judge.
Members of the court, equivalent to a civilian jury, hear the testimony of witnesses and the arguments from prosecution and defense counsel. Depending on the type of court-martial, there will be a minimum of three or five court members, who are usually officers, but may consist of one-third enlisted personnel at the request of the accused (if the accused is enlisted as well). No member of the court may be junior in rank to the accused.
A trial is divided into two parts, with only a short break in between: a findings and a sentencing portion. Witnesses testify and the prosecution and defense argue their case during the findings portion of the trial. If the accused is found guilty, members of the court determine the form of punishment during the sentencing portion of the trial.
Members of the court may sentence a guilty Airman to a variety of punishments, including time in confinement, forfeiture of pay and reduction in rank - even death. In some cases, they may choose to sentence no punishment at all, even if the accused is found guilty. However, a guilty sentence itself comes with repercussions.
Know your rights
"If you are convicted at a general or special court-martial, that is a federal conviction," Carruthers said. "That will impact your rights and ability to seek gainful employment in the future."
Some rights that a convict might forfeit include the right to vote, the right to bear arms and financial aid programs such as the GI Bill. Some convicts will have to register as sex offenders as well.
Area Defense Counsel, such as Carruthers, provides assistance for the accused throughout the entire legal process.
"They need to have somebody on their side that knows the court-martial process and that can advocate for them, because not everybody has that training and experience," Carruthers said.
After the sentencing
Prosecutors work to ensure that criminals do not stay in the Air Force.
"Fair and swift justice helps us support the mission," Hall said.
If the sentencing requires confinement, security escorts grant the accused-turned-detainee a little time with family members before searching and restraining the guilty Airman.
While the escorts are often from the same unit as the accused, they are usually from a separate section or shift. They escort prisoners around base to complete paperwork, a physical and a mental health exam.
"It's a very trying time mentally for the member and the escorts," said Staff Sgt. Maurice Carter, 633d Security Forces Squadron corrections noncommissioned officer in charge. "It's not very pleasant to see one of your squadron members confined."
Naval Brig Norfolk is the most common destination for military prisoners, but depending on the case, they could go as far as the United States Penitentiary Leavenworth in Kansas.
"Once you enter those electronic gates, everything is 'snap to it'," Carter said. "It's yes sir, no ma'am, yes petty officer, no petty officer."
Staying out of trouble
Morris said one way for Airmen to avoid prison is by listening to their conscience.
"Listen to that voice that's telling you not to do it; because it's always there. We all have that freedom of choice. And once that choice is made, you can't go back and undo it," Morris said.
Morris also said that supervisors play a role in reducing the number of courts-martial and they must get to know their subordinates on a deeper level than most do. By doing so, supervisors get a chance to see subtle signs that may indicate a problem that requires intervention.
"If we don't know them, that change in attitude or behavior won't mean a lot," Morris said.
He recommends that any interested Airman attend a court-martial and view the process for themselves.
Editor's note: For additional questions regarding legal assistance, refer to the following Web site: https://aflegalassistance.law.af.mil/lass/lass.html