MILITARY LAW BLOG
UNIFORM CODE OF MILITARY JUSTICE UPDATES, EFFECTIVE JANUARY 1ST, 2019
With the enactment of the 2017 National Defense Authorization Act (NDAA), a series of Uniform Code of Military Justice (UCMJ) updates have been implemented on January 1st, 2019. The late John McCain described the updates as the “most significant reforms” to the UCMJ in history. How will the changes actually impact members of the United … Read more
NEW INVESTIGATION BEGINS FOR SEAL’S SEXUAL ASSAULT CASE
In September 2018, the United States Court of Appeals for the Armed Forces (CAAF) reversed the 2015 sexual assault conviction in the Navy case of U.S. v. Barry. At the time, the reason for the reversal as well as the steps to follow in order to complete it seemed questionably and overly complicated. However, the situation only continues … Read more
9TH CIRCUIT UPHOLDS THE DISMISSAL OF A DISCOVERY ORDER CHALLENGE FILED BY AN ALLEGED VICTIM
The 9th Circuit has upheld the decision of lower courts to dismiss a discovery order challenge originally filed by an alleged victim of sexual assault. The alleged victim had tried to keep her mental health records private after an order to release them was created, as they pertained to a pending military crimes case. After the challenge was … Read more
FOOTBALLER BRI’ONTE DUNN ACQUITTED OF RAPE CHARGES, ACCUSER FALSIFIED CLAIMS
Bri’onte Dunn, a former Ohio State running back, was acquitted by a jury of two charges of rape last week. He had been accused by a previous lover of forcing himself upon her, but he denied the accusations up-and-down, refusing any offerings of a plea deal. If convicted, he could have spent decades in prison. However, the … Read more
PRISONERS ARE CATFISHING & BLACKMAILING SERVICE MEMBERS AT ALARMING RATE
Officials from the United States Armed Forces are reporting an increase in an unusual circumstance among military service members: catfishing and blackmailing carried out by prisoners targeting the service members on dating apps and websites. According to reports, many military service members have been enticed by illicit photos of women sent through dating apps in … Read more
U.S. V. BARRY CONVICTION REVERSAL RAISES QUESTIONS ABOUT UNDUE INFLUENCE
On September 5th, 2018, the United States Court of Appeals for the Armed Forces (CAAF) ultimately agreed to reverse the original sexual assault conviction in the Navy case of United States v. Barry. However, the process to undo that conviction and reach a new conclusion is largely contested, with the CAAF split as to how to decide and … Read more
ARMY SEEKS WAYS TO ENCOURAGE MALE SERVICE MEMBERS TO FILE SEXUAL ASSAULT REPORTS
In a relatively short span of time, the United States Armed Forces has pushed a revitalized campaign to penalize alleged criminal offenders in the ranks. The Air Force Academy added protections for service members who report sexual assault, the Uniform Code of Military Justice (UCMJ) was updated to distinguish domestic violence from assault, and United States Secretary … Read more
UCMJ SHOULD BE USED MORE OFTEN FOR DISCIPLINE, SAYS SECRETARY OF DEFENSE MATTIS
In a recent memo released to the public from the desk of United States Secretary of Defense James Mattis, the Uniform Code of Military Justice (UCMJ) should be relied upon more often to discipline and penalize military service members who carry out misconduct, violations, and crimes. Within the few short lines of text in the memo, it is … Read more
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 act, which has made domestic violence its own separate criminal violation with a specific statute describing the crime and potential penalties. In the past, domestic violence conducted … Read more
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” misconduct violations and their related penalties will not be filed against someone who comes forward with a sexual assault allegation. Underage drinking, fraternization, and recreational drug use are all … Read more
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 ability to disapprove a mandatory minimum punitive discharge when the penalty would be “inappropriately severe.” The decision has creates the potential … Read more
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 status. Within Article 2(a)(3), a court-martial jurisdiction’s power is further limited to reservists on inactive-duty training, or to Army National Guard and … Read more