Three Strikes and You Are Out - The Realities of Military and State Criminal Record Reporting
![handle is hein.journals/armylaw1995 and id is 711 raw text is: Three Strikes and You Are Out-The Realities of
Military and State Criminal Record Reporting
Major Michael J. Hargis
Senior Defense Counsel
United States Army Trial Defense Service.
III Corps Field Office, Fort Hood, Texas 1
Introduction
Every -year, the Army releases into society hundreds of sol-
diers with court-martial convictions for felony-type offenses'-
all potential repeat offenders. Many states (to which these sol-
diers return) have statutes that impose harsher punishments on
repeat offenders. This article will: (1) determine what effect
courts-martial convictions have under state repeat offender stat-
utes that impose life imprisonment; (2) learn if and how the Army
makes courts-martial convictions available to civilian law enforce-
ment; (3) discuss to what degree the Army should report these
courts-martial convictions; and (4) propose modifications to the
Army's current reporting practice for comprehensive reporting.2
Background
State Repeat Offender Statutes
One of the criminal justice system's primary concerns is re-
cidivism.' Most criminals arrested are recidivists and many have
active criminal histories.' Because of the high rate of recidivism,
criminal history information is critical so that the criminal justice
system can make appropriate decisions regarding these repeat
offenders.5 Accurate criminal history information affects deci-
sions on pretrial release, prosecution, charging, sentencing, and
in some cases probation and parole.'
Although precise statistics on the number of Army prisoners with felony convictions released per year do not exist, the release statistics for the United States Army
Disciplinary Barracks (DB), Fort Leavenworth, Kansas, are illustrative. Given the DB's confinement policy (over three years confinement, recently increased to over five
yearsconfinement), the actual numbers for released Amy prisoners would be higher.
Expiration of Sentence
w/ Discharge
174
195
223
218
219
Parole
Excess Leave Pend
Discharge
152
Telephone Interview with Mr. Donnally Brothers, Director of Inmate Administration, United States Army Disciplinary Barracks, Fort Leavenworth, Kansas (Feb. 13,
1995).
2 The DOJ has identified lack of completeness as [b]y far the most serious deficiency in .... [criminal history record information] databases ......UNrrED STAmS
DEIARTmTr OF Jumsnc Omca oF JustcE PRoGRAM~ss, BUREAu oF JusMcE STATISTICS, STA7 ms REQUIRING TE UsE OF CRIMINAL His'oy RacoR Imuo A-toN, 68 (1991)
[hereinafter Rxcou3 UsE REPo]rl. The lack of full and accurate disposition reporting has a significant negative impact on the ... criminal justice system. U.S,
DEPARTMEiNT OF JusTICE, OFFICE OF JusncE PROGRAMS, BUREAU OF JUSTICE STATImtiCS, RETORT OF Tm NATIONAL TASK FORcE ON CRIMINAL HisToRY REcoiw DisposmoN RPor-
ING, 6 (1992) [hereinafter TASK FORCE Raoi]Rr.
TASK FORCE REPorT, supra note 2, at 6.
Id. at 6-7.
Currently anumber of statutes take repeat offenses into account. These statutes concern all aipects of the criminal justice system, from the charging decision, through
pretrial release and sentencing, to probation and parole decisions, RcoRD USE REPor. supra note 2. thls. 1, 3-5. However, this article focuses on those statutes that impose
life imprisonment on repeat offenders.
SEPTEMBER 1995 THE ARMY LAWYER e DA PAM 27-50-274
FY94
FY 93
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FY 90](ViewImageLocal?handle=hein.journals/armylaw1995&div=49&collection=&method=preview&ext=.png&size=3)
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Three Strikes and You Are Out - The Realities of Military and State Criminal Record Reporting
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