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3 affirmative defenses possible during court-martial proceedings

On Behalf of | Jan 22, 2025 | Court Martial Defense

Military servicemembers accused of misconduct by the chain of command may face court-martial proceedings that could end their careers. In certain ways, the court-martial process is similar to the criminal trial process that civilians face after an arrest.

Military authorities bring allegations of specific criminal activity, and the responding servicemember has the right to retain legal assistance to help them effectively respond to those allegations. Often, a straightforward defense strategy proving that no crime occurred or that another party may be responsible for the incidents is the best option available.

Other times, an affirmative defense could be a viable strategy. Affirmative defenses may help servicemembers show that no crime occurred due to extenuating circumstances. Which affirmative defenses can help those facing court-martial proceedings?

1. Assertions about a lack of mental capacity

There are scenarios in which individuals may not fully consider the consequences of their actions. In some cases, significant mental health challenges might impair an individual’s ability to rationally consider the consequences of their choices.

Other times, temporary issues, possibly triggered by an intense emotional reaction, might lead to a service member asserting that a lack of mental responsibility reduces their culpability.

2. Allegations of entrapment

Entrapment occurs when someone in a position of authority tries to coerce or manipulate another party into breaking the law. In the military, the chain of command creates numerous opportunities for people to manipulate the behavior and decision-making of others.

In scenarios where there were attempts to force people into illegal activity and then hold them accountable for their behavior, the defendant may be able to assert that entrapment occurred.

3. Claims of self-defense

Individuals in the military have the right to defend themselves against an imminent threat of physical harm just as anyone else does.

In some cases, what looks like a violent criminal incident might actually be a case of a servicemember attempting to defend themselves against the aggression of another party. Reinterpreting the available evidence and providing an alternate narrative for the situation could help a defendant avoid the penalties possible in a court-martial scenario.

Reviewing the situation that led to court-martial proceedings can help military servicemembers develop the best defense strategy available. Affirmative defenses are an option in scenarios where extenuating circumstances contributed to questionable behavior.