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
Sexual assault in the military has been a problem for years. The Pentagon recently announced 6,236 reports of sexual assault in 2019, up 3 percent from 6,053 in 2018. It is also estimated that only one in four sexually assaulted service members report the crime. At the same time, the Defense Advisory Committee on Investigation, … Read more
Understanding the Foreign Military Investigation Process Overseas deployment can be an opportunity to sightsee while abroad. If you’re stationed in a friendly country, you may decide to take leave and travel for a bit. However, as soon as you step foot off the military installation, you could be subject to the jurisdiction of a foreign … Read more
In the military, Commanding Officers and Generals are tasked with maintaining good order and discipline within their ranks. If a service member has allegedly participated in an unlawful incident or event, administrative investigations are a useful tool that commanders and Judge Advocate General (JAG) officers can use to discover the facts regarding the service member’s … Read more
Have you noticed that hemp-derived products, including cannabidiol (CBD), are becoming increasingly ubiquitous across the country? You can now find hemp products ranging from coffee additives and vaping liquids to supplements and candies to ointments and creams. Many product labels claim that CBD is a pain reliever and sleep aid, able to treat numerous ailments … Read more
The Navy’s top admiral, Mike Gilday, will soon decide the fate of Navy Captain Brett Crozier, the former commanding officer of the aircraft carrier USS Theodore Roosevelt. Then-acting Navy Secretary, Thomas Modly, fired Crozier on April 2 after Crozier emailed more than 20 people outside his chain of command explaining the dire situation regarding his … Read more
The U.S. Army Court of Criminal Appeals (CCA) recently ruled that a military judge’s failure to disqualify himself from a case was grounds to reverse the verdict and authorize a rehearing. It stated that the judge’s inappropriate relationship with the prosecutor’s wife undermined “public confidence in the judiciary and military justice system.” STAFF SERGEANT APPEALS … Read more
In a not so surprising turn, the en banc Navy-Marine Corps Court of Criminal Appeals (NMCCA) reversed a previous decision that stated that Articles 2(a)(4) and 2(a)(6) violate the due process clause of the Fifth Amendment. The current ruling finds that the jurisdictional schemes of the Uniform Code of Military Justice (UCMJ) apply differently to Fleet Reservists … Read more
The Army Court of Criminal Appeals (CCA) recently announced that the Army regulation that prohibits underage drinking – AR 600-85, 3-2c – is not punitive. In other words, the regulation may prohibit underaged service members from drinking alcohol, but it does not raise any punitive charges if the regulation is violated. Army CCA judges found … Read more