The Department of Defense’s Office of Inspector General (OIG) has announced it will launch a new investigation into certain “personality and adjustment disorder” diagnoses in military personnel since 2009. The announcement comes after long-standing suspicion that the diagnoses—which enforces an immediate discharge from the service—were used as retaliation against military members who came forward with … Read more
“No weapon formed against me shall prosper.” Those were the words that have gotten Lance Corporal Monifa Sterling court-martialed and discharged from the U.S. Marine Corps. Sterling was found guilty of bad conduct charges for refusing to remove a piece of paper with the bible passage from her desk at work. According to FOX News, … Read more
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
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
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
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
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
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
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
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
