Crimes and punishment: Blacks in the Army's criminal justice system

Are Blacks discriminated against in U.S. Army courts-martial? This article reviews the literature and presents original research to address this question. Other topics examined include the overrepresentation of Blacks in the Army courts-martial and soldiers' perceptions of the fairness of the justice system. I examined all aggravated assault charges heard in Army courts-martial during a 6-year period and found several striking differences. White defendants are far more likely to have a pretrial agreement (i.e., plea bargain) than are Blacks (69% vs. 51%), and hence, Whites are more likely to plead guilty (87%) than are Blacks (72%). These same patterns are found when all courts-martial, regardless of offense, are analyzed for the same 6-year period. Once a defendant enters the Army courts-martial system, there is no statistical evidence of discrimination. If discrimination occurs in this process, it will occur where commanders have greater discretion (e.g., for less serious offenses, prior to deciding on courts-martial). Suggestions for further research are offered.