Unlawful Command Influence (UCI) represents one of the most serious threats to the integrity of military justice. Understanding this concept proves essential for service members, commanders, and legal professionals navigating the military justice system. Legal Foundation of UCI Article 37 of the Uniform Code of Military Justice prohibits unlawful command influence. The statute specifically forbids … Read more
The military has stood as a unique entity for centuries, with its own rules, regulations, and even a distinct court system. But why? While the idea of having a separate court for service members might appear unnecessary at first, understanding its historical underpinning, current relevance, and future importance paints a clear picture. Are you a … Read more
While Congress has recently overhauled parts of the military justice system, some members of Congress believe further changes need to be made. Democratic Representative Veronica Escobar is calling for pretrial confinement to be issued based on legal advice and not by the ranking Commander. Current Pretrial Confinement Protocol Pretrial confinement, as defined by the MCM, … Read more
Recent events surrounding Army Reserve Major Jamie Schwandt in North Carolina bring up the First Amendment issue regarding political and religious proselytizing within the military. Army Reserve Major Schwandt on YouTube In July of this year, Army Reserve Major Schwandt posted a video on YouTube discussing abortion and transgender issues. In his video, Schwandt identified … Read more
As a military service member, it’s important to understand how the military handles alcohol use. This way, you can make lawful, responsible choices regarding your alcohol consumption. Here’s what you need to know to remain in good standing as a service member and what to do if you face disciplinary action for excessive alcohol use. … Read more
When a person is charged with a crime, the judge may order pretrial confinement. The military version of pretrial confinement shares some similarities to civilian rules, but there are some notable differences. By understanding how pretrial confinement works for military members, you’ll know what to expect if this has been imposed on you. How Pretrial … Read more
Following FDA approval of the Pfizer COVID-19 vaccine in August 2021, President Joe Biden asked the Department of Defense (DoD) to explore adding it to the list of required vaccinations for service members. It wasn’t long before the military began mandating the COVID vaccine. In fact, the Navy set a deadline for all sailors to … Read more
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
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
The Killeen Daily Herald has reported the story of Staff Sgt. Sandy Marquis, who is now facing a court-martial over an old Child Protective Services (CPS) case. The article gives the years-long background to the current case and explains that Marquis believes she is being targeted for reporting instances of sexual misconduct to the authorities … Read more