MILITARY LAW BLOG
U.S. ARMY GENERAL PLEADS GUILTY TO SEX CRIMES, AVOIDS SEXUAL ASSAULT CHARGES
An Army general pled guilty to multiple sex crime charges involving a “tumultuous and illicit affair” with a subordinate female officer, news sources report. The decision followed a plea bargain that dropped additional charges held against him, including sexual assault. During the plea, the general admitted to causing the woman, “emotional harm and suffering” throughout their relationship. In … Read more
MILITARY CRIMINAL DEFENSE ATTORNEY JOSEPH JORDAN ANSWERS FREQUENTLY ASKED QUESTIONS
Attorney Joseph Jordan has been interviewed recently by various high profile media outlets. Here are the answers to the most common questions he gets regarding military criminal defense. I AM CURIOUS IF YOU HAVE NOTICED ANY CHANGE IN HOW THE MILITARY CONDUCTS COURTS-MARTIAL REGARDING SEXUAL ASSAULTS? A: Yes. There are many codified changes to how the military conducts … Read more
UNDERSTANDING YOUR ARTICLE 31 RIGHTS
Article 31 of the Uniform Code of Military Justice gives members of the military certain rights when they come under investigation or are placed under arrest. These rights are similar to the Miranda Rights that give civilians the right to remain silent and to have an attorney present during questioning. Military members who want to … Read more
ARMY’S TOP SEXUAL ASSAULT PROSECUTOR IS SUSPENDED FOLLOWING ALLEGATION OF SEXUAL ASSAULT
Lt. Col. Joseph “Jay” Morse made a name for himself as the top sexual assault prosecutor in the U.S. Army – until he himself was accused of sexual assault. The Army is currently investigating the allegation that has been made against Morse, who is currently suspended while the investigation is under way. The allegation was … Read more
HOW LONG DOES A COURT-MARTIAL NORMALLY TAKE?
The one and only true answer is, it depends. It depends on whether this is a Summary Court-Martial, a Special Court-Martial or a General Court-Martial. The one commonality in the timeline of Special Court-Martial Cases and General Court-Martial Cases is the investigation. Often times, when a cases starts, the investigation will take up the longest amount of time. Generally, … Read more
WHAT IS DIFFERENT ABOUT SEX ASSAULT COURTS MARTIAL NOW THAN LAST YEAR?
On December 25, 2013, President Obama signed a defense bill that changed how cases of sexual assault are managed within the military justice system. Any person found guilty of sexual assault will be subject to dishonorable discharge, and their commanders no longer have the ability to reverse the decision of the jury. New provisions allow … Read more
WHAT ARE THE DIFFERENT TYPES OF COURTS MARTIAL?
Under the UCMJ, there are three possible types of courts martial that can be convened. The determination on what type is convened is based upon the rank of the accused as well as the type of criminal offense involved. As with civilian court, the accused must be proven guilty beyond a reasonable doubt, but military court has an … Read more
WHAT IS A COURT MARTIAL?
Members of the armed forces are subject to the UCMJ, or the Uniform Code of Military Justice, as well as state courts. If a member of the military has violated any part of the code, a court martial can, and often times will, be convened. The type of court martial will be determined by the severity of the … Read more
COMMON QUESTIONS ABOUT COURT-MARTIALS
Few are familiar with the court-martial process, even when they have been in the military for many years. This can become a problem when a member of the military is accused of a crime and is facing a court-martial. What do you do? Where do you turn for help? Joseph L. Jordan, Attorney at Law … Read more
ARTICLE 31 RIGHTS
Service Members have rights! If you are suspected of a criminal offense in violation of the UCMJ, you must be given your Article 31 rights before anyone can interrogate or question you. Interrogation includes any formal or informal questioning on the part of a law enforcement official such as OSI, NCIS, CID or CGIS. Typically law … Read more
KEY ISSUE ARISES AS TRAINER’S HEARING CONCLUDES
Were the Air Force trainees who had sex with their superiors in a supply room “grown women” who could make their own decisions or “impressionable teenagers” still under the sway of those who directed every aspect of their lives for the preceding 8½ weeks? That was the ultimate question put forth during the Article 32 … Read more
INVESTIGATION INTO AIR FORCE TRAINERS’ ALLEGED SEXUAL MISCONDUCT UNDER WAY AT LACKLAND
SAN ANTONIO – Seven military training Instructors at Joint Base San Antonio – Lackland accused of having inappropriate relationships with trainees are defending themselves in court. The story has garnered national headlines and rocked the Air Force. The Article 32 Investigation (similar to a preliminary court hearing in civilian court) got under way at Lackland. Staff Sgt. … Read more