Can You Join the Military Instead of Going to Jail?
The notion of a judge offering the choice of military service as an alternative to incarceration is a common trope in popular culture. However, the reality of the situation is far more complex and less dramatic. The short answer to the question “Can you join the military instead of going to jail?” is: no, not directly, and certainly not as a standard legal alternative. While the military does offer opportunities for a fresh start, it is not a substitute for serving time in jail or prison, nor is it a standard sentencing option. Let’s delve into the reasons behind this and clarify some common misconceptions.
The Myth vs. The Reality
The idea of “join the military or go to jail” is often rooted in a historical context, particularly the mid-1980s and earlier, when the military had a greater need for recruits and might have been less stringent about the backgrounds of its service members. However, modern military standards are much higher. The military is not designed to be a rehabilitation program for individuals with criminal backgrounds. The primary function is national defense, and it demands individuals who meet certain moral, physical, and mental qualifications.
Why the Military Isn’t a Get-Out-of-Jail-Free Card
- Judicial Restraint Disqualifies Enlistment: Military regulations explicitly disqualify individuals under any form of judicial restraint. This includes people on bond, probation, parole, or those currently serving a prison sentence.
- Moral Standards and Criminal Records: The military has strict moral standards. Significant criminal records, especially those involving violent behavior or felonies, make enlisting very difficult, even if a sentence has already been served.
- Felony Waivers Are Not Guaranteed: While a person with a felony conviction can request a waiver, this is not an automatic pass. Waivers are reviewed on a case-by-case basis and are often granted only for less serious offenses.
- Military is Not a Punishment: The military is a professional organization with a serious mission. It doesn’t use enlistment as a disciplinary measure or a means of diverting individuals from jail.
The Impact of a Criminal Record on Military Service
A criminal record can significantly impact one’s ability to join and remain in the military. Even a relatively minor offense can cause issues.
Disqualifying Crimes and Behavior
- Felony Charges: Certain felony convictions like arson, aggravated assault, burglary, robbery, manslaughter, and narcotics possession are strong barriers to military service, often making a waiver impossible to obtain.
- Violent Behavior: Any criminal record reflecting violent behavior typically disqualifies applicants and makes obtaining a waiver highly unlikely.
- Misdemeanor Convictions: Even a misdemeanor conviction can trigger a review, and in some cases, lead to discharge from the military if the offense is deemed to be “tantamount to a conviction”.
Consequences for Existing Service Members
- Administrative Discharge: A civilian criminal conviction can lead to an involuntary administrative discharge even if the offense was only a misdemeanor.
- Loss of Pay and Rank: If a service member is sentenced to 30 days or more in jail, they might face a reduction in pay grade.
- Promotion Denial: Criminal history and activity can also prevent future promotions.
- Stopped Pay: Generally, if a soldier is convicted at court-martial and sentenced to confinement, their pay and allowances are stopped.
Military vs. Civilian Confinement
It’s important to distinguish between military confinement facilities (brigs) and civilian jails or prisons. While both house those who have committed offenses, they differ significantly.
Military Brigs vs. Civilian Jails/Prisons
- Safety and Conditions: Military brigs are generally safer than their civilian counterparts.
- Medical Care and Food: Medical care in military brigs is generally considered top-notch, and meals are the same as regular mess halls.
- Rehabilitation Programs: Military facilities often offer some of the best rehabilitation programs available.
Military Confinement
- Purpose: Military prisons house various individuals, from prisoners of war to those deemed a security risk and members of the military found guilty of a serious crime.
- Location: The United States Disciplinary Barracks in Leavenworth, Kansas, is the primary maximum-security prison for the Department of Defense.
- Managed by: Each branch of the military (Army, Navy, Marine Corps, Air Force) manages its correctional facilities to maintain discipline and security.
Joining the Military After Serving Time
While a criminal history presents significant challenges, it’s not an absolute bar to military service for some.
- Waivers: Individuals with less serious offenses may qualify for moral waivers or felony waivers, although there is no guarantee they will be granted.
- Army and Navy: The Army and Navy are generally considered the easier military branches to join with a criminal record. The Marine Corps is the most difficult.
The path to military service after a conviction is not straightforward and requires a considerable degree of luck, a clean record for some time, and potentially, the need to secure a waiver. It is not a reliable option.
Conclusion
The idea of using military service as a quick alternative to incarceration is, in fact, a myth. While the military offers numerous opportunities for personal growth and a fresh start, its main objective is national defense. It isn’t a correctional or punitive system. You cannot join the military instead of going to jail. The stringent standards of the modern military, combined with rules concerning judicial restraint, moral character, and criminal records, make this concept simply untenable.
Frequently Asked Questions (FAQs)
1. What exactly makes someone ineligible to join the military?
Disqualifying factors include medical conditions, criminal history, age, physical fitness, drug abuse, failure to meet educational requirements, a dishonorable discharge from prior military service, or a record of mental illness.
2. Can I join the military with a felony conviction?
While it’s generally very difficult, you can request a moral or felony waiver. However, this isn’t a guarantee and is often only granted for less serious offenses.
3. What types of crimes are most likely to disqualify me from military service?
Felonies such as arson, aggravated assault, burglary, robbery, manslaughter, and narcotics possession, as well as any criminal record indicating violent behavior, are strong barriers to military service.
4. If I’m already in the military, can a civilian criminal conviction get me discharged?
Yes, a civilian criminal conviction, even a misdemeanor, can result in an involuntary administrative discharge if considered “tantamount to a conviction”.
5. Are military jails safer than civilian jails?
Generally, military confinement facilities are safer than their civilian counterparts, and they also offer better medical care and rehabilitation programs.
6. What are military confinement facilities called?
Military prisons are often referred to as brigs.
7. Do soldiers still get paid if they go to jail?
Normally, pay and allowances are stopped if a soldier is convicted at a court-martial and sentenced to confinement. However, there may be exceptions.
8. What happens if a soldier commits a crime?
They can face a range of punishments under the Uniform Code of Military Justice (UCMJ), including punitive discharge, confinement, hard labor, fines, and demotions.
9. Can a soldier be punished for assaulting a civilian?
Yes, soldiers can face civil and criminal charges and punishment under the UCMJ if they assault a civilian.
10. Which military branch is the easiest to join with a criminal record?
The Army and Navy are generally considered the easiest branches to join with a criminal record. The Marine Corps is the most challenging.
11. What is the age limit for joining the military?
The Army and Navy accept applicants up to age 35. The Air Force accepts recruits prior to their 28th birthday, and the Marine Corps age limit is 29.
12. Can I refuse to join the military if drafted?
Yes, you may qualify for Conscientious Objector (CO) status based on moral or ethical beliefs, but not on political or self-interest grounds.
13. Can I get a green card by joining the military?
No, USCIS will not issue a green card based solely on your intention to enlist. Green cards are often obtained through family members, as victims of crimes, or as refugees or asylum seekers before serving in the military.
14. What is the maximum security military prison in the United States?
The United States Disciplinary Barracks in Leavenworth, Kansas, is the only maximum-security prison for the U.S. Department of Defense.
15. What is the lowest level of jail?
Minimum security prisons or Federal Prison Camps (FPCs) are the lowest level of federal confinement.