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Understanding Trends

Federal Trials vs. Courts-Martial in 2022: How Often Each Ended in Acquittal

In 2022, 144 of 411 contested courts-martial that reached a verdict ended in a full acquittal (35%). Federal trials ended in an acquittal 17% of the time in fiscal year 2022: 290 of 1,669. Jury trials accounted for 230 of those acquittals, out of 1,475 jury trials (16%).

Understanding Trends in Military Practice · 6 min read

Trends › Federal Prosecution Analysis › Are Courts-Martial More Likely to End in Acquittal Than Fede › Acquittals in 2022

In brief: In 2022, 144 of 411 contested courts-martial that reached a verdict ended in a full acquittal (35%). Federal trials ended in an acquittal 17% of the time in fiscal year 2022: 290 of 1,669. Jury trials accounted for 230 of those acquittals, out of 1,475 jury trials (16%).

Updated November 2, 2026 · Sources: U.S. Sentencing Commission and Federal Judicial Center, fiscal years 2016–2025 · Military Trial Results

This post uses the Federal Judicial Center's records of 71,954 federal defendants whose cases ended in fiscal year 2022, compared with court-martial results from this site's Military Trial Results data (updated November 2, 2026). The series also draws on the U.S. Sentencing Commission's records of 659,036 people sentenced in fiscal years 2016 to 2025. It is part of the Federal Prosecution Analysis series, which builds on Military Moves Toward Sentencing Guidelines to Mirror the Federal System. How the numbers were built: How the Federal Comparison Data Was Built.

Federal Trials in Fiscal Year 2022

Of 71,954 federal defendants whose cases ended, 64,384 (89%) pleaded guilty and 5,901 (8%) had their cases dismissed. The 1,669 trials were 2% of all cases.

The jury trial acquittal rate was 16% (230 of 1,475). Bench trials ended in 60 acquittals out of 194 (31%). In all, 65,763 defendants (91%) were convicted.

Court-Martial Cases With a 2022 Trial Date

The records show 411 contested cases with a verdict. They include 144 full acquittals (35%) and 135 partial acquittals (33%). A partial acquittal is a verdict of not guilty on some charges and guilty on others.

Partial acquittals are counted only on the court-martial side, which is why the 135 cases have no federal figure beside them. Federal data does not report them separately.

Results by Service

The Army had 66 full acquittals in 175 contested cases, and the Air Force had 56 in 124. The Navy had 21 in 67, and the Marine Corps had 1 in 45.

Of the 45 Marine Corps cases, only 1 ended in a full acquittal. The Navy result of 21 in 67 is lower than the Army and Air Force results.

Who Decided Guilt in 2022?

A judge alone decided 196 cases, with 45 full acquittals (23%). Members decided 181, with 82 full acquittals (45%). Enlisted members had 68 full acquittals in 143 cases (48%). Officer members had 14 in 38 (37%).

No forum is listed for 34 cases, and 17 of those ended in a full acquittal (50%).

Why the Rates Differ in Meaning

The 2022 rates use different bases. Federal data counts trials. Court-martial data counts contested cases, including mixed pleas.

The pretrial process is also different. A federal felony requires a grand jury indictment, while a court-martial has none.

Federal fiscal years end September 30, and the court-martial figures follow trial dates. A federal rate of 17% and a court-martial rate of 35% are therefore not measured over identical periods or identical groups.

The Series in One Table

The table lists the court-martial and federal results for each year from 2016 to 2025.

YearCourts-martial: full acquittalsFederal trials: acquittals
201671 of 179 (40%)291 of 1,853 (16%)
201787 of 217 (40%)276 of 1,874 (15%)
201890 of 239 (38%)320 of 1,879 (17%)
201990 of 210 (43%)287 of 1,950 (15%)
202081 of 167 (49%)199 of 1,425 (14%)
2021166 of 459 (36%)196 of 1,081 (18%)
2022144 of 411 (35%)290 of 1,669 (17%)
2023146 of 362 (40%)263 of 1,840 (14%)
2024123 of 340 (36%)220 of 1,723 (13%)
2025106 of 286 (37%)192 of 1,555 (12%)

What the Data Leaves Open

The records do not show what evidence was presented or why any panel or judge ruled as it did. They give no information on the charges in these cases, so the 2022 percentages cannot be tied to any type of offense. They also do not show how prosecutors in either system selected cases to bring.

The 2022 court-martial rate is one point lower than in 2021 (35% compared with 36%), and the federal rate is lower than the 18% of 2021 (17%). The records cannot show whether any change reflects a real change in outcomes.

How We Counted

Courts-martial: contested cases with a verdict and a trial date in 2022 (411). Federal: defendants whose cases ended in fiscal year 2022 (71,954; 1,669 trials), Federal Judicial Center.

Federal fiscal years run from October 1 to September 30. No person, judge, or lawyer is identified in any of these records.

What to Keep in Mind

Who is in each set of numbers. The federal sentencing numbers come from the U.S. Sentencing Commission. They count only people who were convicted and sentenced in federal district court. People whose cases were dismissed or who were acquitted are not in them. The military numbers come from court-martial results, which include acquittals. To compare acquittal or dismissal rates, the federal side uses a different source: the Federal Judicial Center's case data, which counts every defendant whose case ended.

Different cases reach each system. Federal prosecutors bring a narrow set of cases. In fiscal year 2024, immigration and drug trafficking cases were 59% of everyone sentenced in federal court (36,664 of 61,678). Many crimes that the military prosecutes, such as most assaults, most sexual assaults between adults, and drug use, are usually state crimes for civilians and reach federal court only in special situations, such as on federal land or in Indian Country. A federal case and a court-martial for the same crime can involve different kinds of facts.

How "plea" and "trial" are counted. In the federal sentencing numbers, "trial" means the person was convicted after a trial, including people who pleaded guilty to some counts and went to trial on others. People acquitted at trial are not in these numbers at all (see "Who is in each set of numbers"). In the federal case data, the trial rate counts both convictions and acquittals at trial among all defendants whose cases ended, including dismissed cases. Military numbers count contested cases that reached a verdict. These denominators are not the same, and each post states the one it uses.

Time periods. Federal numbers are by federal fiscal year (October 1 to September 30), based on the sentencing date. The military numbers are by trial date. Neither source has the date of the offense, so a change in law shows up in either data set gradually.

About the author. Jocelyn C. Stewart is a retired Army JAG with more than 24 years of trying courts-martial and more than 200 jury trials. She hosts Where All The Bodies Are Buried and runs the Law Office of Jocelyn C. Stewart. This analysis is for education and information only. It is not legal advice, and every case is different.

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