Have you ever been charged with a military crime? If so, you need to know about a powerful legal tool called the “Good Soldier Defense.”
This defense lets an accused service member use evidence of their excellent military character and honorable service to suggest they simply would not have committed the charged crime. It’s a defense recognized under the Rules of Court Martial, the Military Rules of Evidence, and military case law, like in the case of United States v. Wilson (1989). If used correctly, this evidence can be enough by itself to create reasonable doubt in the minds of a judge or jury, leading to an acquittal.
How Does the Law Define “Good Military Character”?
The law has clear rules about what kind of evidence you can use. Military Rule of Evidence 404(a) and 405 allow the defense to introduce evidence of an accused service member’s good military character to disprove the criminal allegations.
This character evidence comes from the reputation or opinion of a third party, such as a witness who knows the service member well. They can testify about many positive qualities, including:
- Duty performance while in combat or in garrison.
- Military appearance and professionalism.
- Adherence to customs and courtesies.
- Qualities of personal character desired of military personnel.
This testimony works to show that the charged misconduct is completely incompatible with the member’s overall outstanding military service.
When Can the Good Soldier Defense Be Used?
Being a good soldier still matters, but a major change occurred in 2015. The 2015 National Defense Authorization Act (NDAA) restricted the use of the Good Soldier Defense. It is now limited to crimes where the service member’s character is truly relevant to the charge.
For example, this defense can still be used in cases involving drug offenses, financial crimes, stealing, or wrongful use of marijuana (a violation of Article 112a, UCMJ).
However, the NDAA made the defense inapplicable to a long list of more serious offenses under the Uniform Code of Military Justice (UCMJ). These crimes include:
- Sexual assault and rape
- Robbery
- Larceny and wrongful appropriation
- Forgery
- Arson
- Perjury
- Extortion
- Frauds against the United States
Is the Good Soldier Defense Effective?
When used by an experienced military defense lawyer, the Good Soldier Defense can be very effective, both at trial and later on appeal.
Consider the case of United States v. Bagstad. In that case, a Marine Staff Sergeant convicted of wrongful use of marijuana presented a strong defense highlighting his 14 years of service, security clearance, military awards, and fitness reports. On appeal, the court found his strong military character defense was shaken by a piece of wrongly admitted evidence, which ultimately led to the conviction being overturned.
Is There a Risk to Raising This Defense?
Yes, there is a serious downside if the defense is not properly prepared.
Once an accused service member brings their military character into the case as evidence, the prosecution is allowed to attack it. The prosecution can try to derail the defense by presenting evidence of the accused’s other misconduct or by challenging the character witnesses’ true knowledge of the accused. If this defense is used inexpertly, it can cause more damage to your case than good. That’s why careful preparation and strategy are absolutely necessary.
Protect Your Career with a Military Defense Lawyer
Military charges are extremely serious and demand immediate action. If you have been charged with a UCMJ violation, time is not on your side. Retain experienced legal counsel as soon as possible to discuss the strategic use of the Good Soldier Defense and your entire case strategy. Call a military defense lawyer today for a consultation.