Military service members often spend much of their days operating vehicles, aircraft, and vessels. They are expected to control these machines responsibly and safely. Failure to do so could result in a criminal charge. Drinking and driving—whether on base in a military craft or off base in a personal vehicle—is a violation of Article 111 … Read more
Understanding the Foreign Military Investigation Process Overseas deployment can be an opportunity to sightsee while abroad. If you’re stationed in a friendly country, you may decide to take leave and travel for a bit. However, as soon as you step foot off the military installation, you could be subject to the jurisdiction of a foreign … Read more
A recent press release issued by the White House has announced that President Trump has given clemency to two military service members and a rank restoration to another. Army First Lieutenant Clint Lorance and Army Major Mathew Golsteyn were each given an Executive Grant of Clemency (Full Pardon) for their unrelated military criminal cases. Special Warfare Operator First … Read more
Facing charges of indecent exposure under the Uniform Code of Military Justice (UCMJ) can be overwhelming for service members. Just what is indecent exposure, how severe are the punishments, and what defenses are available? The information here should provide everything you need to defend yourself against this accusation. The Definition of Indecent Exposure Under the … Read more
In United States v. Schloff, 74 M.J. 312 (CAAF 2015), the Court of Appeals for the Armed Forces (CAAF) maintained the definitions of sexual contact in military criminal justice settings. In particular, it held sexual contact described in Article 120 (g)(2) can be defined by body-to-body contact and/or object-to-body contact. Perhaps more importantly, though, it and the Army … Read more
In the average criminal defense case, one can expect that the defendant will be tried based only on evidence pertinent to the crime immediately in question. That is to say, for example, someone being tried for an alleged theft would not expect the prosecution to bring forth evidence of an entirely separate alleged theft crime … Read more
In Cook v. United States, a panel of three judges representing the Air Force Criminal Court of Appeals (CCA) has chosen to permit a new trial based on the discovery of new evidence that could change everything. Master Sergeant Cook pleaded not guilty to sexual assault but was convicted all the same after trial by court-martial. He was penalized … Read more
When a soldier is charged for a crime and there is concern about his or her attendance to the trial, then a judge may find that confinement for that soldier is the best course of action. Pretrial confinement ideally happens at military confinement facility, but when there is not one nearby, the soldier may be … Read more
The U.S. Army Court of Criminal Appeals (CCA) recently ruled that a military judge’s failure to disqualify himself from a case was grounds to reverse the verdict and authorize a rehearing. It stated that the judge’s inappropriate relationship with the prosecutor’s wife undermined “public confidence in the judiciary and military justice system.” STAFF SERGEANT APPEALS … Read more
Are you familiar with the civilian judicial process? Once you enter the military, you have to throw out most of what you know. After all, the military operates under its own set of rules and guidelines, making it unique from civilian courts. However, a pivotal change currently being discussed may soon align the military justice … Read more