MILITARY LAW BLOG
THE NAVY REPORTS UNEVEN PROGRESS IN COMBATING SEXUAL ASSAULT
According to a new report released earlier this month, the Navy’s efforts to combat the prevalence of sexual assault among its ranks have been moderately successful. The fiscal 2014 Annual Report on Sexual Assault in the Military revealed that while reporting on the crimes has gotten better, no progress has been made in curtailing incidents … Read more
BERGDAHL DESERTION CASE POSES RARE DILEMMA FOR ARMY
In 2009, Army Sgt. Bowe Bergdahl allegedly abandoned his post in Afghanistan and was captured by the enemy. Now, five years later, he is back in Army custody and facing rarely-invoked desertion charges that could put him in prison for life. As The LA Times reports , Bergdahl’s circumstances do not constitute a usual desertion case. According to … Read more
IS THE DEFENSE DEPARTMENT HIDING MILITARY SEX CRIME STATISTICS?
According Senator Kirsten Gillibrand of New York, the military sex crime epidemic may be even larger and more prevalent than once thought. According to the Associated Press, the senator has come out this week in an interview with critical remarks for Defense Department, who she claims has not only largely denied her requests for military records, … Read more
ARMY BANS CONSUMPTION OF HEALTH BAR THAT CONTAINS HEMP SEEDS
In the Army, even trace amounts of THC-the active chemical in marijuana-can result in a failed drug test and disciplinary action. That is why, last month, the Army officially banned “Strong and Kind” bars, popular energy bars from the KIND LLC that contain hemp seeds. According to Army Regulation 600-85, “Soldiers are prohibited from using Hemp … Read more
U.S. SUPREME COURT RULES THAT K-9 UNIT VIOLATED FOURTH AMENDMENT RIGHTS
Few Constitutional Amendments are reviewed and clarified by the higher courts as much as the Fourth Amendment, which protects citizens against unreasonable searches and seizures. Because the limits of these rights are continually being tested by policy, circumstance, and even technology, higher court decisions are not just instructive for civilian counsel, but for court-martial practitioners, … Read more
DO THE MARINES HAVE A DISCIPLINARY DOUBLE STANDARD BETWEEN OFFICERS AND ENLISTED?
Should officers and enlisted personnel be held to the same disciplinary standard? That’s the question Blue Force Tracker confronts in a new piece “The shifting standard between officer and enlisted.” In it, the publication recalls the stories of Former Commandant of the Marine Corps James F. Amos and Sergeant Major Kenneth Lovell III-whose stories bare distinct similarities, … Read more
SUPREME COURT RULES SATELITE MONITORING CAN VIOLATE FOURTH AMENDMENT RIGHTS
Whether you’re a practitioner of military or civilian law, it is absolutely crucial to stay informed of major legal decisions-especially those concerning constitutional rights. These decisions made by the country’s high courts not only parse some of the most complex and subtle issues to arise in the pursuit of justice, but also provide guidance on … Read more
NEW LAWSUIT AIMS TO REMOVE COMMANDERS FROM OVERSEEING SEXUAL ASSAULT CASES
Last month, three former service women and one active-duty service woman filed a federal lawsuit challenging standard military law procedure. The suit calls for the Department of Defense to halt the appointment of commanders to oversee rape and sexual assault cases originating within their own unit. The filing is the just the latest action of … Read more
COURT RULES THAT CITIZENS’ PRIVACY DOES NOT EXTEND TO SQUAD CARS
The Constitution is the final say on the rights of U.S. citizens, but often these rights need interpretation and clarification to determine if a violation has occurred. When this happens, federal courts will review a case and make a ruling. One of the most commonly ruled upon amendments is the Fourth Amendment, which provides the … Read more
WHO SHOULD OVERSEE JUNIOR TROOP COURTS-MARTIAL?
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
CONFINEMENT CREDIT & HOW CCFS CAN INHIBIT MILITARY JUSTICE
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
COURT RULES THAT SELF-INCRIMINATION DID NOT RESULT IN FOURTH AMENDMENT VIOLATION
The Fifth Circuit Court of Appeals recently ruled on a very sensitive Fourth Amendment matter in the case of United States v. Montgomery, in which the court considered a claim of illegal search and seizure. The federal judges provided an incisive interpretation of these constitutional rights and offered invaluable insight for both civilian and military … Read more