Americans place a strong emphasis on their constitutional rights and the importance of a fair legal system. In 48 states and federal court, the vote from a single juror to acquit a defendant is enough to prevent a conviction. But in Louisiana and Oregon, people have been punished on a 10-to-2 or 11-to-1 verdict since … Read more
In a not so surprising turn, the en banc Navy-Marine Corps Court of Criminal Appeals (NMCCA) reversed a previous decision that stated that Articles 2(a)(4) and 2(a)(6) violate the due process clause of the Fifth Amendment. The current ruling finds that the jurisdictional schemes of the Uniform Code of Military Justice (UCMJ) apply differently to Fleet Reservists … Read more
The Air Force Court of Criminal Appeals (AFCCA) has affirmed that it is sometimes possible and necessary to bring a retired service member before court-martial for judgement and penalties relating to pending criminal accusations. To some, the decision contradicts the purpose and intent of court-martial, which is meant to exclude civilians from its jurisdiction. However, with the … Read more
In a surprising decision that will send shockwaves throughout the military criminal justice system, the Navy-Marine Corps Court of Criminal Appeals (NMCCA) has held that it is unconstitutional to use Uniform Code of Military Justice (UCMJ) Article 2 to court-martial a retired service member. Within Article 2, it specifically says that court-martial jurisdiction applies to “retired members of … Read more
Over the weekend, an Article 32 preliminary hearing was held to consider allegations of rape of a child by retired Army Major General James J. Grazioplene. The retired general is accused of committing rape on six different occasions between 1983 and 1989 while he was stationed in the United States and Germany. This move isn’t … Read more
It is nearly unheard of for a military officer to stand trial, or even be publically accused of sexual misconduct. Military records over the last few years, however, are now showing that this culture of silence and shielding military leaders from these allegations is slowly eroding. As Stars and Stripes reports, pressure on the military from Washington … Read more
“No weapon formed against me shall prosper.” Those were the words that have gotten Lance Corporal Monifa Sterling court-martialed and discharged from the U.S. Marine Corps. Sterling was found guilty of bad conduct charges for refusing to remove a piece of paper with the bible passage from her desk at work. According to FOX News, … Read more
A “jury of your peers” is a necessary part of every civilian criminal trial, but in military court-martial, a verdict is rendered by a court-martial panel. However, the case of a Navy seaman convicted of rape is now headed to the military’s highest court – Court of Appeals for the Armed Forces – and may … Read more
One of the hot-button topics concerning the military has been cases of sexual assault and preventing these incidents in the future. The latest studies even suggest that occurrences of sexual assault against military members are more prevalent than previously thought. Another such story made headlines recently, as a Fort Leonard drill sergeant is being court-martialed … Read more
Trials by courts-martial are military courts that dispose of serious offenses for service members. In many ways, court martial hearings are similar to civilian criminal hearings, but there are also many differences. Because juries are comprised of the defendant’s peers, military court martial cases do have juries, but these juries are comprised of commissioned officers … Read more