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Court-Martial Defense Lawyer and Military Lawyer in Germany Will M. Helixon

The Defense Sentencing Case in a Court-Martial: Absolutely NOT an Afterthought

The Law Office of Will M. Helixon recently represented a First Sergeant in a case where he was alleged to have gotten into an altercation with another parent after that parent was aggressive with his children and hit one of them with a flag football flag in the face in a parents v. kids practice game.  The First Sergeant did not witness the incident, but was told by his two children on the field about the incident.  The First Sergeant was accused of driving to the parent’s house, threatening him, forcing him into his truck, driving him to his house, forcing him to apologize to his children, and then slapping him across his ear and kicking him in the back down the stairs.  In a military judge alone special court-martial, the judge found the First Sergeant guilty of kidnapping, communicating a threat, provoking speeches and gestures, and assault.  We were surprised by the findings — believing that the Government had not proven beyond a reasonable doubt the events occurred as charges — especially given the testimony of the accused First Sergeant, his wife, and three minor children aged 10, 11, and 13.  This blog post is not to relitigate the case, or even complain of or question the verdict, but rather to emphasize the importance of preparing the best sentencing case possible, even for case you believe you will likely win on the merits.  After putting on the Defense sentencing case, and arguing for no punishment, the military judge sentenced the First Sergeant to NO PUNISHMENT.  This was a great result for our client in the end, and would not have happened had we not been adequately prepared for a sentencing case we did not think would come.  This blog post provides a template for creating a Defense sentencing case.

What is the Defense Sentencing Case?

In the case of a court-martial Defense sentencing case, the evidence presented in the trial’s defense is crucial in securing a favorable outcome for the accused. The Defense Team must introduce evidence that not only strengthens their case but also prompts a more lenient sentence from the military court. Defense evidence can be anything that supports the defendant’s claim of extenuating circumstances or mitigating facts against the charges they are facing.  R.C.M. Rule 1001(d) outlines the evidence that can be presented by the Defense during its sentencing case, which includes matters in extenuation, matters in mitigation and statements of the accused.  It is through these gates that all sentencing evidence must be admitted.

When to Begin Working on the Defense Sentencing Case?

Counsel should begin working on the sentencing case in the very first meeting with the Accused.  In all of my contested cases, we start with the presumption that the Accused would testify on his or her own behalf.  This does a couple of things:  First, it puts the character of the Accused in play during the merits portion of the case, and second, it creates the need for the Defense to immediately start contacting all character witnesses.  On the merits, depending upon the charges, relevant character traits of the Accused would be truthfulness, law abidingness, and peacefulness.  Good military character or good Soldier evidence will be relevant if it goes to an essential element of any offense, or if the Accused is charged with any military-related offense such as AWOL, dereliction of duty, disrespect, violation of an order, or conduct unbecoming and officer and gentleman (there are others).  In the very first meeting with the Accused, it is important to explain the relevance of character evidence, both on merits and sentencing, and to have the Accused make a comprehensive list of witnesses that would provide relevant good character evidence.  On the merits, such evidence may be limited to good character at or near the time of the offenses, but on sentencing it is much broader in relevant times.  The Accused should consider all those who could provide such evidence, including superiors, peers, subordinates, family members, friends, and colleagues who know him well enough to form an opinion regarding character, or are aware of his reputation in the community (usually the unit), for relevant good character.  Once this list is compiled, Defense must ensure that the Accused has provided you current military and civilian email addresses for these witness so you can effectively correspond with them.  After the Accused has complied a comprehensive list of good character witnesses, both for merits and sentencing, instruct him to call each of them, personally ask them to be a character witness in his or her upcoming court-martial, and have him explain in clear language with what he or she is being charged.  It is important that the Accused not make any incriminating or contradictory statements regarding his or her conduct — and this must be thoroughly explained to the Accused.

What Evidence Should Be Included in the Defense Sentencing Case?

It is important to create as in-depth and complete picture of the Accused as possible during the Defense sentencing case.  The Military Rules of Evidence applies to the sentencing phase of the trial, although the defense can request the “relaxing” of the Rules of Evidence for sentencing.  If the judge relaxes the Rules of Evidence for the Defense Sentencing Case, the Rules will also be relaxed for the Government.  Evidence offered by the Defense should contribute to the goal of humanizing the Accused, and seeking leniency from the Court.  

A.  Character Affidavits – MRE 405(c)

Only after the Accused has made contact with a potential character witness, should the Defense then contact the witness.  In my cases, I generally start with an email explaining who I am and introducing the witness via email to the Defense team.  I attach a character affidavit worksheet to the email and request the witness to complete the worksheet.  This worksheet can be used to draft the synopsis of expected testimony for the production of witnesses, drafting the initial direct examination of the witness, and used to draft character affidavits to be introduced in accordance to M.R.E. Rule 405(c).  After determining which witnesses will testify in-person at the court-martial, I then draft a sentencing character affidavit based on the answers in the worksheet for those witnesses that will not appear in person for the court-martial.  The affidavit is drafted with an eye towards sentencing — I then redact the sentencing affidavits for use on the merits as a merits character affidavit with the relevant character traits.  In the end, there are two versions of the character affidavits, one for use on the merits and one for use on sentencing.  This takes time to complete — and if the character witness is not responding fast enough, it is important to get the Accused to assist in having the witness complete the character affidavit worksheet and signing and notarizing the sentencing character affidavit (merits is redacted form the sentencing affidavit).  In our First Sergeant case, we had eight (8) character affidavits for both merits and sentencing, and they were very powerful in swaying the military judge to give no punishment.

B.  The “Good Soldier” Book – Personalizing the Accused

When it comes to sentencing in a court-martial, the character and service record of the accused are often taken into consideration in determining the appropriate sentence.  One of the tools used to present this information to the court is a “good soldier” book.  A “good soldier” book is essentially a collection of documents and testimonies that paint a picture of the accused’s character and service in the military.  It is designed to showcase the individual’s positive attributes and contributions to the military in order to demonstrate that a harsh sentence is not warranted.  Here are some tips on how to build a “good soldier” book for introduction at sentencing in a court-martial.

1.  Start Early – A “Good Soldier” Book Takes Time to Compile

Building a “good soldier” book takes time, as it requires gathering many documents and testimonies. It is essential to start building this book as soon as you know that the accused is going to face a court-martial. Waiting until the last minute could lead to incomplete or missing information.  It is also important to have the “good soldier” book completed early enough to give a copy to the Government well before the eve of trial and early enough to use the “good soldier” book when developing the “questions and answers” portion of the Accused’s unsworn statement.

2.  Know What to Include – OMPF v. AMHRR – and Gather Documents

A “good soldier” book should include important documents, such as achievement awards (including citations and award recommendations), training certifications, and fitness reports (including from schools).  Evaluations should be in chronological order and highlighting particularly noteworthy reviews.  The Accused should download his or her OMPF from the U.S. Army Human Resources Command through iPERMS.  The Army Military Human Resource Record (AMHRR) is an umbrella term encompassing human resource records for Soldiers, retirees, veterans, and deceased personnel.  The AMHRR includes, but is not limited to, the Official Military Personnel File (OMPF), finance related documents, and non-service related documents deemed necessary to store by the Army.  The OMPF is a collection of information which permanently documents a service member’s career in the military.  The OMPF contains documentation pertaining to accession, training, education, assignment, performance, discipline, decoration, casualty and separation of the service member.  Pictures of significant coins with an explanation of why they were received and pictures of “going away plaques” should be included and explained.

3.  Additional Character Letters Separate from Character Affidavits

The “good soldier” book should also include letters of recommendation and testimonies from superiors and colleagues that did not complete the character affidavits that speak to the accused’s positive character and contributions to the military.  These letters and testimonies can come in many forms — from hand written letters, to typed memorandums, to emails from witnesses.  It is important that these letters establish the basis of knowledge of the witness to make the conclusions in the letters.  Examples of these letters include those from coaches, pastors, civilian employers, friends, relatives, people the Accused has helped in the past, soldiers with whom the Accused deployed, co-workers of the Accused, and anyone who has positive things to say about the Accused.  Remember, “particular acts of good conduct” demonstrating good character are admissible on sentencing.

4.  Photographs and Videos

The “good soldier” book should also contain photographs of the Accused in an effort to humanize him before the judge or members.  These photographs should fall into a few separate categories: 1) family photographs, including spouse and children, siblings, parents, grandparents, aunts and uncles, and other close relatives, 2) work photographs, including hails and farewells, day-to-day military activities, and field exercises, 3) deployment photographs, 4) military history photographs showing relatives who have served in their uniforms, 5) major events photographs, including the birth of children, birthday parties, returns from deployment, baptisms, confirmations, religious events, sporting events, and other special activities, and 6) developmental photographs showing the Accused growing up and joining the Army such as childhood photos, school photos, sporting event photos, and extracurricular activities photos.  These photographs should be organized in a logical manner, and there should either be an explanation of the photo under each picture, and the photos should be numbered so the Accused can refer to them during his or her unsworn — for example, “photo 23 on page 15 of the ‘good soldier’ book is a picture of when my wife and I went to Paris for our 5th wedding anniversary while I was stationed in Ansbach, Germany.”

Videos should be considered to convey events captured on video, such as ceremonies where the Accused makes a statement like weddings, promotions, and activities.  Consideration should be given to have a closing video set to appropriate music that truly personalized the Accused — it is always powerful to combine music with pictures and videos to convey the life of the Accused.

5.  News Articles, Newsletters, and Publications about the Accused

Include a section in the “good soldier” book containing news articles about the Accused.  These could range from local news reports about athletic achievements in high school to coverage about the Accused participating in hometown recruiting.  Any time the Accused was mentioned in the newspaper, it should be included in the “good soldier” book.  Also include any mentions in company or regimental or military newsletters, whether it is an article about the Accused or an article authored by the Accused.  Consider including social media profiles if they personalize the Accused, especially from professional sites such as LinkedIn.  If there are laudatory posts, consider including them in this section of the “good soldier” book.  Run a Google search and a Lexis search of the Accused to determine if there is anything in the open source relating to the Accused that could be beneficial to the Defense sentencing case.  This section of the “good soldier” book is about publications related to the Accused and is used to show that he or she has accomplished newsworthy achievements.  Include any official or unofficial biographies or resumes, whether military or civilian in nature.

6.  Military and Civilian School Records and Transcripts

Include all civilian and military schooling records and transcripts in the “good soldier” book.  This demonstrates to the Court that the Accused is constantly seeking self-improvement, and dedicated to learning.  The transcripts would show particular areas of study and research that shows the Accused as a well-rounded person and Soldier.  If the Accused was recognized at any of these educational institutions, such as being on the dean’s list or graduating with honors, ensure that is included in the “good soldier” book.

7.  Hobbies, Volunteer Work, and Religious Activities

Outside activities should be documented in the “good soldier” book.  These activities could range from serving as a volunteer youth coach, or a mentor with Big Brothers/Big Sisters, or volunteering at the local school for field trips or lectures to the kids.  Letters from those aware of these activities could be included in this section.  If the Accused has a notable hobby such as woodwork, painting, arts & crafts, leatherwork, or making “going away” gifts, it should be included in the “good soldier” book with pictures of a sample end products to include in the photographs section.  If the Accused has unique skills such as playing musical instruments, operating non-work related equipment, or mechanical skills (like restoring cars, etc.), these skills should be included in the “good soldier” book.  If the Accused is a lay minister or preacher, or teaches Sunday school or other religious classes, or hosts religious studies, include such information in the “good soldier” book.  Again, letters from those aware of these activities should be included to demonstrate the Accused’s volunteer activities.  Any outside activities that require certification, such as being a private pilot, a personal trainer, a fitness instructor or yoga instructor, skydiving or scuba diving, or motorcycle driving should include the certification and photos of the Accused engaging in those hobbies.  Be sure to seek letters from those familiar with the Accused’s participation in these hobbies.

C.  Statement of the Accused

Rule of Court-Martial Rule 1001(d) provides that the Accused may testify, make an unsworn statement, orally or in writing or both, both in extenuation, in mitigation, to rebut matters presented by the prosecution, or to rebut statements of fact contained in any crime victim’s sworn or unsworn statement, whether or not the accused testified prior to findings.  We have found it very beneficial to the Accused to offer an unsworn written statement drafted by the Accused and read to the Court, and a “questions and answers” unsworn statement similar to a direct examination by the Defense counsel.

1.  Unsworn Written Statement of the Accused

This is a perfect vehicle for the Accused to show remorse for his or her offenses, and apologize to the families and victims.  Much care should be exercised to wording the apology and statement of remorse to accept responsibility fully and to apologize to the victim and victim’s family without wholesale admitting to the offense.  In some cases, falling on one’s sword is the only course of action for the Accused, but in such instances, the Accused should be advised of the consequences of admitting to the offenses wholesale.  In our First Sergeant case, the Accused apologized to the two parents he confronted about issues he was having with them regarding his children.  He apologized for his immature behavior, for losing his temper, and confronting them in person.  He acknowledged he should have approached them calmly on the telephone, rationally discussed the dispute with each parent, and if the conflict could not be resolved in this fashion, he should have raised the issue with his chain of command.  He apologized for his actions and the affect it had on the victim-parents and their families.  The Accused should also use the written unsworn statement to apologize to other interested parties including his supervisors, the chain of command, the unit, the Army, his family, and the Court.

The unsworn written statement should also be used to convey information to the Court that would be difficult for the Accused to talk about in the “questions and answers” unsworn.  In our First Sergeant case, we used this statement to highlight his three generations of family service going back to WWII, the Korean War, and the Vietnam War.  We also used it to address issues that could have been considered “collateral consequences” of the conviction such as the Quality Management Program (QMP) and Retention Control Points (RCP).  The unsworn written statement is an appropriate vehicle to get information to the factfinder that might be deemed otherwise irrelevant such as sex offender registration.  While the judge may issue a limiting instruction on irrelevant matters in the unsworn statement, the Accused will not be prohibited from discussing almost anything during the unsworn.  Finally, in our case, we used the unsworn written statement to highlight the behavioral health treatment and counseling he had received, and discussed his diagnosis and his plan to address his behavioral health issues in the future.  This unsworn written statement is read to the Court by the Accused before his “question and answer” unsworn statement, and a copy of the statement is admitted as a Defense Exhibit.

2.  Unsworn “Questions and Answers” of the Accused

The unsworn “questions and answers” statement of the Accused should avoid simply repeating the information contained in the written unsworn statement.  This “questions and answers” unsworn does allow the Accused to elaborate on some of the issues raised in the written unsworn, but it should avoid merely repeating the information in the written unsworn.  The “questions and answers” unsworn statement should include information about the Accused’s upbringing, highlighting any particular hardships like childhood physical or sexual abuse, poverty, and neglect.  It should also include (non-exhaustive list) the following:  if possible, an apology to all victims, how the Accused could have handled the situation better, an apology to the unit/command and how the conduct has affected the unit/command, an apology to the Accused’s family and how the conduct has affected the family, an apology to the Court, one’s civilian and military educational background, activities and hobbies as a child, activities and hobbies as an adult, any non-military adult trauma, one’s military service history, all deployments and what the Accused did on those deployments, any traumatic events witnessed on deployments, any treatment for anger or other mental health issues, any treatment for PTSD and current treatment and prognosis, how the Accused met their spouse, information the marriage and life together, information about the children, the importance of the family, the importance of the Army, all Army leadership positions and leadership style, the importance of staying in the Army, the importance of the Accused’s current duty in the Army, any financial hardships faced with reduction or discharge, the Accused’s goals in the Army, and what the Accused would do after any period of confinement.  As noted above, only the apologies should be repeated in both the written and “questions and answers” unsworn statement.  The exact nature of your “questions and answers” unsworn statement will depend on the background and experience of the Accused, and should be developed with the goal to mitigate and explain the actions for which the Accused was found guilty.  There is no need to repeat information solicited from the Accused on the merits, if they testified.  This “questions and answers” unsworn statement should be gone over with the Accused at least once before delivering it during the Defense sentencing case, and should be used to “humanize” the Accused and make him or her come alive to the Court.

D.  Judicial Notice of Relevant Laws and Regulations

It is important to have the Court to take judicial notice of all regulations and laws that may affect the Accused after the court-martial.  As mentioned above, some of these may be considered purely “collateral consequences” of the conviction, and the military judge may not permit introduction of such evidence.  In those cases, it is important to have the Accused mention them in the unsworn statement.  In our First Sergeant case, we had the judge take judicial notice of the Quality Management Program, where the Accused must “justify” his retention in the Army after being convicted in a court-martial, and of the Retention Control Points, showing that the Accused would be forced out of the Army if he was reduced to the grade of E-5 or below based on his time in the military.  Other areas of judicial notice requests could include sex offender registration, security clearance revocation, and reclassification.

E.  DFAS Retirement Loss Calculation

Particularly when the Accused if facing discharge from the Army as a result of the court-martial, it is important to show the financial impact of such a discharge.  If the Accused has substantial time in the military, and would lose retirement if discharged, showing the exact financial impact is important to the fact-finder.  Retirement estimates, depending on the rank and age of the Accused, could be worth several million dollars.  Coordinate these requests with DCAP to ensure they are obtained well in advance of trial.  In our First Sergeant case, we ran the retirement calculation for reduction from E-8 to E-7 to show the long-term financial loss to the Accused if he was reduced one grade.  In our case, the one grade reduction was valued at over $110,000 over the lifetime of the Accused.  This evidence is very powerful to the Court especially when the offenses are relatively minor when compared to the financial loss the Accused is facing.

F.  Live Good Military Character and Other Good Character Witnesses

Live witnesses that will testify about the good character of the Accused and his good military character are essential in developing a complete Defense sentencing case.  These witnesses will usually be witnesses who testified about truthfulness, law abidingness and peacefulness on the merits.  Since the Court will usually limit the number of these witnesses on the merits based on cumulativeness, there will be witnesses who have yet to testify at the court-martial.  Be sure to rank these witnesses based on the impact of their testimony.  Try to avoid “repetitive” testimony, but ensure the fact-finder gets an accurate understanding of the good character of the Accused.  In our First Sergeant case, the military judge allowed only three character witnesses on the merits, despite us having seven lined up.  During sentencing, we called the three prior witnesses who testified on the merits, and did not have to repeat their qualifications or how they knew the Accused.  The remaining four witness were permitted to testify on sentencing without objection.  The Court is typically more liberal on cumulative on sentencing than on the merits.  Be sure to have quality witnesses to testify about the good character of the Accused, and these witness should include peers, subordinates and superiors.

G.  Flipped or Coopted Government Witnesses for Good Character

There is nothing better than converting a Government witness into a Defense character witness.  Be sure to question all Government witness about the character of the Accused to determine if any of them would be good Defense character witnesses.  In our First Sergeant case, we identified two Government witnesses who would provide excellent character evidence, and were ready to call them in Defense sentencing case.  Additionally, there was a Government witness who passed a note to the prosecutor asking to testify on behalf of the Accused during sentencing.  The Government passed the note to us, and we called the witness in our case.  We started the direct of the witness by establishing that he was a  Government witness, and the he requested to testify on behalf of the Accused.  His testimony was powerful, and after he testified, we made a tactical decision not to call the other two Government witness who we coopted as character witnesses.

H.  Live Relatives Witnesses – Spouse, Children, Parents

It is important to have family members, especially the spouse, to testify about the importance of the Accused to the family dynamic and support.  This will show the Court how a potential sentence will affect innocent people involved.  The spouse should testify about how the family relies upon the Accused for financial support and that a discharge would have a negative affect on the financial well-being on the family.  This could include what the loss of income would mean about providing for the family to include loss of vehicles, loss of housing, loss of the ability to provide the basic necessities for the family, and how it would affect the children.  Sometimes, preparing a budget showing the exact loss of income from a discharge of the Accused or loss of rank is helpful to show the exact financial impact on the family — and specifics are much better than generalities.  If the spouse is a stay-at-home parent and takes care of the kids, showing that the spouse will have to seek employment and pay for child care is something that is important for the Court to consider.

In addition to the financial loss from confinement or discharge of the Accused, the spouse should talk about the hardships that he or she would encounter from being a “single parent.”  These difficulties should be discussed and thoroughly explained.  Depending on the age of the children, the spouse should discuss what disruption to the family the loss of the Accused would mean to the raising and care of the children.  The impact to the family from confinement and discharge of the Accused from the service should not be minimized — the spouse should address all conceivable affects of a potential sentence to the nuclear family.

In addition to the affect on the spouse and children, there is a negative consequence to extended family members, especially if the Accused is providing financial support to them.  Do not ignore the consequences to siblings, parents, and grandparents.  Consider having 2-4 family witnesses to testify about the affects a lengthy prison sentence or discharge would have on the larger family.  These witnesses are used to show the “ripple effect” of any potential sentence imposed on the Accused. 

I.   Medical and Behavioral Health Evidence of Extenuation and Mitigation

In the military, there is a likelihood that behavioral health issues and medical issues will be good extenuation and mitigation evidence.  With multiple deployments, many service members suffer from undiagnosed (or diagnosed) PTSD.  While it may not raise to the level of a defense, it certainly is a matter in mitigation.  There are several conditions that fall into this category, including alcoholism and drug addiction, depression and anxiety, traumatic brain injury, and other diagnosed mental conditions.  It is important to get this information before the Court for consideration during the Defense sentencing case.

1.  Live Doctor or Behavioral Health Witnesses

If the Accused is currently seeking behavioral health counseling, it is very important to discuss the potential sentencing case with the practitioner.  It is important to understand what is the diagnosis of the Accused, how it would affect the misconduct for which the the Accused was found guilty, and the prognosis of the Accused.  If the Accused is not seeing a behavioral health specialist, and you suspect a mental condition, PTSD, TBI, or alcoholism as a contribution factor to the offense, consider having your client seek treatment.  Getting a diagnosis could go a long way to mitigating the case against the Accused.  If the Accused is recommended for in-patient treatment, try to get your client to the program, whether for PTSD or alcoholism.  A successful competition of such a program would be very beneficial on a Defense sentencing case.

In our First Sergeant case, the Accused sought the care of a mental health care provider immediately after the incident with the parent who threw the flag at his daughter.  He was diagnosed with acute PTSD.  An interview with the provider revealed that the Accused’s trigger for PTSD symptoms was harm to his children, and this was based on his combat experiences in Iraq.  The provider testified that the Accused was recommended for a 12-week in-patient PTSD program, but he could not attend due to the scheduling of the trial.  The provider also testified that the Accused has learned effective coping mechanisms, and was being treated by a psychiatrist, and his use of prescription drugs has reduced the effect and consequences of his PTSD symptoms, including his overreaction to perceived slights to his children.  This testimony, combined with the positive prognosis and his continued treatment was a huge factor in the Court sentencing the Accused to no punishment.

2.  Introduction of Medical or Behavioral Health Records

Have the Accused get copies of all behavioral health and medical records documenting his diagnosis.  Thoroughly review these records to determine whether there are any harmful entries in the records.  If the records support the testimony of the behavioral health counselor, introduce the records through the counselor for the Defense sentencing case.  This is easily done if the rules of evidence have been relaxed for sentencing, and bolster the in-court testimony of the counselor.

J.  Evidence of Rehabilitation and Potential

While the rules provide that the Government can introduce evidence of rehabilitation potential, the Defense can also introduce such evidence through its character witnesses by asking if the Accused has the potential to be restored to a useful place in society (or the unit) after completing the sentence imposed by the Court.  Be careful, because this evidence could open the door for evidence that the Accused should not return to the unit and has no place in the Army.

K.  Evidence of Remorse and Apologies to Victims

In some cases, without being advised by counsel, the Accused will have apologized to the victims either in writing, text, or in person.  Sometimes, these apologies are recorded as part of a pre-text call or text.  While these apologies may tend to show a level of guilt on the merits, they can be considered mitigating factors on sentencing.  Do not overlook apologies that are made by the Accused to the victim of his crimes before the trial and make sure the Court is aware of such apologies in the Defense sentencing case.

How Should the Defense Organize the Defense Sentencing Case for Maximum Impact?

The Defense should consider the order to introduce the evidence to maximize the impact of its sentencing case.  The Defense should start strong and end strong on the sentencing case.  We recommend that the Defense should introduce all the documentary evidence (except those that will be introduced through witnesses) first, and then call in-court witnesses.  The Government will likely object to some of the documentary evidence, requiring the Defense to request the Court to relax the rules of evidence.  We recommend the character witnesses testify first, with the strongest character witness testifying first, followed by family witnesses, and concluding with behavioral health witnesses who can provide an explanation for the Accused’s behavior.  This will allow the Defense case to flow smoothly from those who know the Accused well, to the family, and then to his health care providers, creating a complete picture of the Accused.

How Should the Defense Argue for an Appropriate Sentence?

Once all the evidence in the Defense sentencing case is introduced, the Defense should consider what an appropriate sentence should be under the circumstances.  This must be done in coordination with the Accused because the Defense speaks for the Accused when requesting a specific sentence.  The Defense should utilize the sentencing factors in the Military Judges Benchbook when formulating its sentencing argument.  The factors include punishment of the Accused, protection of society from the Accused, good order and discipline, deterrence both of the Accused and those who know of his offenses, and rehabilitation of the Accused.  The Defense should fashion the argument to demonstrate all of the sentencing factors are achieved with the lowest sentence possible.  In our First Sergeant case, we started the sentencing argument by informing the military judge that we were seeking no punishment, and went through the sentencing factors showing how each were achieved with no further punishment.  Defense counsel should address all of the evidence it offered during the Defense sentencing case as evidence of achieving the goals of these factors.

With adequate planning and preparation, the Defense should be prepared to put forth the best possible Defense sentencing case even in those cases where it was believed that an acquittal was possible or even probable.  Defense counsel would be wise to approach sentencing with the same vigor as they approach the merits, and with appropriate preparation, should be able to minimize the impact of findings of guilty on the merits phase of the trial with a fair, just, and personalized sentence.

More about the Law Office of Will M. Helixon

Will M. Helixon established the Law Office of Will M. Helixon in February of 2016.  Originally headquartered in Kansas City, Missouri, the firm’s original mission was to defend members of the military in courts-martial, adverse administrative proceedings and other criminal proceedings. Today, the firm has worked as military lawyers in multiple complex and high-profile military cases.  The firm now handles most military matters, including medical issues involving the MEB/PEB process, adverse administrative matters, military justice matters, and legal assistance matters, including the correction of military records.  No longer in Kansas City, the firm now has a European office physically located in Vilseck, Germany.  Call us today to assist with your legal issue in Germany or the United States.  All military lawyers at the Law Office of Will M. Helixon maintain licenses to practice before all military trial courts.

Law Office of Will M. Helixon – Germany, Hans-Ohorn-Platz 7, First Floor, 92249, Vilseck, Germany.

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Military Defense Attorney, Military Lawyer, Court-Martial Defense, Army Attorney The Law Office of Will M. Helixon - Over 50 years of military law experience.

Military Lawyer, Court-Martial Defense, Army Attorney The Law Office of Will M. Helixon - Over 71 years of military law experience.

Pending a Court-Martial: Should I Hire a Civilian Court-Martial Defense Lawyer?

The decision whether to hire a civilian court-martial defense lawyer is a very personal and private matter that depends on several factors, including the cost, experience of the attorney, their current workload, the time they have to commit to your case and relationship you have with your detailed military lawyer. Each case is different, and whether you should hire a civilian court-martial defense lawyer is unique to every case, client, and existing military defense counsel.

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