MILITARY LAW BLOG

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Unprecedented Unaminous Verdict Order Enacted in Military Court during Sexual Assult Trial

An army judge rules to require a unanimous guilty verdict during a sexual assault case, sparking discussion of requiring unanimous verdicts in military court. Military and civilian court cases operate under different sets of laws, processes, and sentencings. These differences include court proceedings and regulations where military courts do not always align with the standard … Read more

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Can Military Members Face Double Jeopardy?

Military service members have different rights than civilians. Still, they are protected under the Fifth Amendment of the US Constitution, which states: “No person shall…be subject for the same offense to be twice put in jeopardy of life or limb.” This means no one can be charged more than once for the same crime. However, … Read more

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Why Is Adultery a Crime in the Military?

The Uniform Code of Military Justice (UCMJ) defines a long list of expectations, rules, and regulations regarding the conduct and duty of U.S. military service members. In many cases, the prohibited behaviors outlined in the UCMJ align with civilian law. For instance, crimes such as rape, drug use, and drunken operation of a vehicle are … Read more

South Korean Army Soldier Using Smartphones.

Do Military Members Have First Amendment Rights?

U.S. military service members have always operated under different rules than civilians. The military’s special system of laws—known as the Uniform Code of Military Justice (UCMJ)—employs its own regulations for prosecuting and punishing violators, which often includes a court-martial. Many military crimes are not punishable under civilian law, and the rights of military service members … Read more

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Joseph L. Jordan: Military Defense Attorney with a Global Perspective

Joseph L. Jordan, Attorney at Law, is based out of Killeen, Texas, with a strong presence at Fort Hood. Even so, our military defense attorneys represent brave men and women from all five branches of the military, no matter where they’re stationed around the world. So whether you’re a Soldier, Sailor, Coast Guardsman, Airman, or … Read more

Judge ruling on UCMJ.

Can You be Charged Under the UCMJ After Discharge?

The Uniform Code of Military Justice (UCMJ) has defined and punished military crimes since its inception in 1950. It’s usually reserved for charging active-duty service members, but the code also allows certain retirees to be court-martialed. Now, certain legal cases are challenging the longstanding rules, which could have significant ramifications for military veterans. Who Does … Read more

Photo of military discharge.

What are the Different Types of Military Discharge?

Most people are familiar with the two main types of military discharges—honorable and dishonorable—but there are numerous others as well. Most discharges are administrative, while others are punitive, related to medical conditions, or for the government’s convenience. Understanding the nature of your specific discharge can help you understand how it might complicate your ability to … Read more

Photo of a court room.

What are the Differences in Military and Civilian Court Cases?

Are you a military service member who has been accused of committing a crime? While certain activities are illegal under both martial and civilian law, the military has a different set of codes, processes, and penalties for dealing with crimes. If you’re facing a military trial, it’s important to familiarize yourself with the differences in … Read more

Person being interrogated.

What are Your Rights When Investigated by CID or NCIS?

Have you been contacted by CID, NCIS, or another military investigative organization? As soon as you learn you are being investigated for a crime while serving in the military, you should contact an attorney to defend your rights and guide you through the legal process. In the meantime, learn more about your rights as a … Read more

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Do Military Personnel Need to Follow the COVID Vaccination Order?

Our brave men and women in uniform have dedicated themselves to protecting the country against grave threats to national defense. The question on everyone’s minds is whether military personnel should be required to get the COVID-19 vaccine to guard against a microscopic threat to their personal health. And once a full mandate is in place, … Read more

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An Officer’s Guide to AR 15-6 Investigations

Investigating officers are appointed under the provisions of Army Regulation (AR) 15-6 to conduct timely, thorough, and legally sound inquiries. AR 15-6 investigations are specifically designed to be informal, though some provisions are also applicable to formal investigations. For the purposes of this guide, only informal investigations will be discussed. Who Can Serve as an … Read more

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Recommended Changes to Sexual Assault Prosecutions for 2023

The military justice system isn’t set up to effectively handle sexual assault, sexual harassment, domestic violence, and other sensitive cases. That’s why an Independent Review Commission (IRC) out of the Pentagon has recommended 28 main changes and 54 sub-recommendations to fix the way sexual assault and related crimes are prosecuted in the military. While the … Read more