“Sextortion” is the name that investigators have been a particular type of cyber-crime that a growing number of U.S. military servicemembers has fallen victim to. Essentially, sextortion is a form of extortion that occurs after two parties have consensually shared sexually explicit photos or video via electronic means. Below, we take a closer look at … Read more
The Joint Service Committee on Military Justice (JSC) has released new supplementary material for the Manual for Courts-Martial (MCM) that could have a significant effect on Article 134 trials. The new publication dictates how certain sexual offenses should be considered and recorded in court. For example, the new material clarifies how the Article 134 offense … Read more
Out on the campaign trail, Donald Trump singled out Sgt. Bowe Bergdahl numerous times as a “traitor” who deserved severe punishment for his alleged cooperation with Taliban forces during his five-year captivity. While those charges haven’t been proven, Bergdahl’s case has been a hot-button topic for much of the public who believe his 2009 disappearance … Read more
This week, Army Col. Jeffery Nance ruled that prior comments from Senator John McCain did not influence the decision to prosecute Sgt. Bowe Bergdahl for his 2009 disappearance from a remote Army base in Afghanistan. The decision comes following Bergdahl’s lawyers’ assertion that there has been institutional pressure and bias to charge Bergdahl after his … Read more
If you do not deny a criminal accusation in a private conversation, does that mean you could be admitting to your own guilt? According to the US Army Court of Criminal Appeals (CCA), it can. In a controversial new ruling, the three-judge panel determined that Mil. R. Evid. 304(a)(2) does not necessarily protect accused individuals … Read more
In a recent ruling, The United States Navy-Marine Corps Court of Criminal Appeals (NMCCA) has rectified contradictory language between the Manual for Courts-Martial and Article 56. In United States v. Henegar, the court has decided that the language provided in Article 56 wins out and that those convicted of attempted sexual offenses are subject to the mandatory … Read more
Another motion has been filed by Sgt. Bowe Bergdahl’s defense team. This time, the lawyers are asking that they be granted their own forensic psychiatrist to level the playing field with the prosecution– which already is already benefiting from the experiencedise of its own psychiatrist. As Stars and Stripes reports, the motion filed earlier this week requests … Read more
Last year, this blog reported on the case of Lance Corporal Monifa Sterling, a Marine who was court-maritaled on several charges stemming from conflicts between her and her superior officers. Of those charges, one of them posed a particular question of religious freedom while on duty. Now, the United States Court of Appeals for the … Read more
Earlier this year, the United States Army Court of Criminal Appeals (CAAF) made an unexpected decision rejecting the use of Military Evidence Rule 413. That decision, which ruled against the use of “propensity” evidence in sexual assault cases, has already resulted in multiple remanded cases that will now receive further review—likely to the benefit of … Read more
In an unexpected decision, the United States Coast Guard Court of Criminal Appeals (CCA) has provided an extension of the psychotherapist-patient privilege. In the court’s published order, the majority has ruled that diagnoses, prescriptions, conclusions, treatments, and other key pieces of information can remain protected as part of the psychotherapist-patient privilege under Mil. R. Evid. … Read more
