In a new advisory memorandum, the Navy has clarified when medical care providers should alert commanders of indications of misconduct from an active duty member. The notice comes following what has been recognized as “understandable confusion” on what to do with evidence of patient misconduct that is discovered during the course of providing medical treatment. … Read more

The Court of Appeals for the Armed Forces (CAAF) has concluded that United States v. Bowen was decided incorrectly due to the presiding judge’s abuse of discretion and erroneous judgement. Airman First Class Bowen will be granted a rehearing after being convicted of assault and aggravated assault, primarily due to an “excited utterance” given by one of … Read more

Last year, this blog reported on the case of Lance Corporal Monifa Sterling, a Marine who was court-maritaled on several charges stemming from conflicts between her and her superior officers. Of those charges, one of them posed a particular question of religious freedom while on duty. Now, the United States Court of Appeals for the … Read more

In a new landmark decision, the United States Court of Appeals for the Armed Forces (CAAF) has struck down a certain use of an evidence rule to show an accused’s alleged propensity for sexual assault. The decision, United States v. Hills, is sure to affect countless cases going forward and even comments on growing, troubling trends … Read more

A recent ruling from the United States Army Court of Criminal Appeals illustrates just how important due process should be during court-martial procedure. In United States v. Castillejo, the case of one Soldier convicted of sexual assault and abusive sexual contact, the court’s three-judge panel has called for a rehearing for an evidence mistake by the … Read more

While calls for military justice reform have been common over the last few years, they’ve often come from lawmakers, advocates, journalists, attorneys, and other outsiders. When it comes to actual military members and leaders, it’s hard to gauge how recognized the need for reform really is by the people who are actually subject to our … Read more

In recent years past, New York Senator Kirsten Gillibrand has called for the installation independent prosecutors into the military justice system to better identify, try, and prosecute sexual assault offenders. Those efforts have been narrowly defeated in the Senate, but, as Stars and Stripes reports, Gillibrand will be re-proposing the amendment to the annual defense … Read more

According to the NCIS, a growing number of sailors have been targeted for “sextortion.” As The Day reports, the agency has been taking preventive measures to help sailors recognize the signs of the crime and avoid being victimized by criminals who are difficult to prosecute. “Sextortion” is a form of extortion that occurs online. Perpetrators pose … Read more

A recent report has found that the military’s investigations into child sexual abuse allegations were improperly done and contained deficiencies. Ten cases were suggested to be reopened to correct the faults found in the investigations. REPORT REVEALS COMMON CASE DEFICIENCIES The Inspector General of the United States Department of Defense released a report in September … Read more

As a result of U.S. v. Tovarchavez’s conclusion, the Court of Appeals for the Armed Forces (CAAF) has held that any and all constitutional errors must be reviewed for harmlessness, even if those errors were once preserved by the plain error standard or forfeited without objection. If the error is not found to be “harmless beyond … Read more