EI INCUMBIT PROBATIO QUI DICIT.

Blog Posts in 2018

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  • UCMJ Update Makes Domestic Violence a Separate Criminal Violation Under Military Law
    UCMJ Update Makes Domestic Violence a Separate Criminal Violation Under Military Law

    The Uniform Code of Military Justice (UCMJ) has noticeably changed its views on military crimes of a violent nature. President Trump has recently approved and signed the annual defense authorization ...

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  • Air Force Academy Encourages Reported Sexual Assault by Removing Victim
    Air Force Academy Encourages Reported Sexual Assault by Removing Victim "Punishments"

    The Air Force Academy has made a significant rule change in order to encourage service members to report incidents of sexual assault from other airmen and airwomen. In specific, “collateral” ...

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  • CAAF Decision Gives CCA Power to Disapprove Mandatory Minimum Punitive Discharge
    CAAF Decision Gives CCA Power to Disapprove Mandatory Minimum Punitive Discharge

    The United States Court of Appeals for the Armed Forces (CAAF) has presented its decision for United States v Kelly . The CAAF’s opinion has held that a Court of Criminal Appeals (CCA) has the legal ...

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  • CAAF Approves Review of Article 2(a)(3) & Reserve Jurisdiction Problem
    CAAF Approves Review of Article 2(a)(3) & Reserve Jurisdiction Problem

    A reservist of the United States Armed Forces must still comply with the Uniform Code of Military Justice (UCMJ), as long as they are performing a duty that directly coincides with their reservist ...

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  • U.S. v. Schloff Authorized Reversed Conviction After Unlawful Command Influence Jeopardizes Findings
    U.S. v. Schloff Authorized Reversed Conviction After Unlawful Command Influence Jeopardizes Findings

    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 ...

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  • Preemption Doctrine is Newly Limited by CAAF in U.S. v Wheeler
    Preemption Doctrine is Newly Limited by CAAF in U.S. v Wheeler

    The Preemption Doctrine of military law and the Uniform Code of Military Justice (UCMJ) acts as a limitation to Article 134, UCMJ. The first clause of the Preemption Doctrine states that Article 134 ...

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