The change comes after reporting from ProPublica, The Texas Tribune and Military Times revealed that hundreds of soldiers charged with offenses like sexual assault and domestic violence left the Army without facing courts-martial.
Military Injustice
A ProPublica and Texas Tribune investigation into how commanders in the Army, the nation’s largest military branch, use pretrial confinement revealed a system that treats soldiers unevenly and draws little outside scrutiny. On average, soldiers had to face at least eight counts of sexual offenses before they were placed in pretrial confinement as often as soldiers charged with drug or burglary crimes. Over the coming months, we will explore how military justice operates, often in vastly different ways than the civilian system.
The Army increasingly allows soldiers charged with violent crimes to leave the military rather than face trial
A federal watchdog called for ending the practice nearly 50 years ago, but the military pushed back. Now, soldiers leave the Army with a negative discharge, avoiding possible federal conviction and with little record of the allegations against them.
Military justice reforms still leave some criminal cases to commanders with no legal expertise
The military resisted reforming its justice system for decades. Major congressional changes passed in 2021 promised to overhaul that system — but experts say they may have just made it more complicated.
He was accused of sexual assault, she of using drugs. The military dealt with them very differently.
Comparing the cases of Pvt. Olivia Ochoa and Pfc. Christian Alvarado provides a striking example of Army commanders’ uneven use of pretrial confinement.
In the Army, you’re more likely to be detained for drugs than sexual assault
A first-of-its-kind analysis reveals that, on average, Army soldiers had to face at least eight counts of sexual offenses before their commanders detained them ahead of trial as often as soldiers charged with drug or burglary crimes.
Help The Texas Tribune and ProPublica report on the military justice system
We’re looking into how the military investigates service members accused of crimes, intersects with the civilian justice system and treats cases that do not make it to courts-martial. Guide us to important stories.
How we tracked pretrial confinement rates in the U.S. Army
Soldiers are more likely to be held before trial for drug charges than for sexual assault, an analysis of court data shows. Here’s how reporters from The Texas Tribune and ProPublica figured it out.
Twice accused of sexual assault, he was let go by Army commanders. He attacked again.
A first-of-its-kind analysis reveals that soldiers in the Army are more likely to be locked up ahead of trial for drug offenses than for sexual assault under a system that gives commanders control.


