The "Good Soldier" Defense: Character Evidence and Military Rank at Courts-Martial

In 1998, the court-martial of former Sergeant Major of the Army Gene McKinney focused national attention on the "good soldier" defense.' McKinney's adroit use of his past service as a "good soldier" was widely credited for his acquittal on all charges of sexual misconduct, in spite of damning testimony from six servicewomen about his alleged harassment. 2 The McKinney trial, combined with a series of sex scandals involving the The Yale Law Journal [Vol.108: 879 U.S. armed forces, 3 raised the profile of the military justice system, a separate criminal and administrative jurisdiction with authority over 1.4 million active-duty servicemembers. 4 Accused servicemembers, unlike civilian criminal defendants, are permitted to introduce evidence of their "good military character" during the guilt phase of courts-martial. 5McKinney took full advantage of this military evidentiary doctrine by parading former superiors and subordinates before the court-martial panel to testify about his sterling character and soldierly behavior. 6 Acquitted on all counts except one charge of obstruction of justice, 7 McKinney was sentenced to a minor reduction in rank, a sentence that had no impact on his 3. See, e.g.