Expert: Cynthia Bedell - 6/20/2007

Question
There are so many articles on whether or not one is able to join the military after a felony conviction I'm wondering what happens to someone who commits a felony while in the military.


Answer
Dear Cassandra Jane --

If the felony is in military jurisdiction the service member will be tried at a courts martial.

If the felony is in civil jurisdiction, the service member will likely go to jail.  Be dropped from the rolls for being absent without leave (AWOL), and then be tried in civil court.

If the felony is caused by a service member stationed in a foreign country, the type of jurisdiction depends on the "Status of Forces Agreement" (SOFA) that the US has with the host country.

There are service members on death row at the Fort Leavenworth military penitentiary for the crimes they committed while on active duty.