CAAF DECIDES U.S. V. COLEMAN & REAFFIRMS DEFINITION OF MULTIPLICITY

The United States Court of Appeals for the Armed Forces (CAAF) recently submitted a unanimous decision to conclude the case of U.S. v. Coleman. The decision itself weighs not just on that particular case, but also on many other military criminal justice cases since it directly addressed the question of multiplicity. The CAAF held that Coleman’s case had … Read more

RETIRED MILITARY SERVICE MEMBERS & COURT-MARTIAL CASES

When a military service member decides to end their military career, they can either separate from the military altogether or, more commonly, retire. For as long as a retired service member is collecting retirement pay and benefits from the military, though, they can be held under court-martial jurisdiction. Furthermore, they can be recalled back to active … Read more

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Court-Martial Jurisdiction Does Apply to Retirees, Says Air Force CCA

The Air Force Court of Criminal Appeals (AFCCA) has affirmed that it is sometimes possible and necessary to bring a retired service member before court-martial for judgement and penalties relating to pending criminal accusations. To some, the decision contradicts the purpose and intent of court-martial, which is meant to exclude civilians from its jurisdiction. However, with the … Read more

ARMY SEEKS WAYS TO ENCOURAGE MALE SERVICE MEMBERS TO FILE SEXUAL ASSAULT REPORTS

In a relatively short span of time, the United States Armed Forces has pushed a revitalized campaign to penalize alleged criminal offenders in the ranks. The Air Force Academy added protections for service members who report sexual assault, the Uniform Code of Military Justice (UCMJ) was updated to distinguish domestic violence from assault, and United States Secretary … Read more

UCMJ SHOULD BE USED MORE OFTEN FOR DISCIPLINE, SAYS SECRETARY OF DEFENSE MATTIS

In a recent memo released to the public from the desk of United States Secretary of Defense James Mattis, the Uniform Code of Military Justice (UCMJ) should be relied upon more often to discipline and penalize military service members who carry out misconduct, violations, and crimes. Within the few short lines of text in the memo, it is … Read more

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JOSEPH L. JORDAN, JD, RECOGNIZED FOR EXCELLENCE IN MILITARY LAW

LAWTON, OK, July 25, 2019, Joseph L. Jordan, JD, has been included in Marquis Who’s Who. As in all Marquis Who’s Who biographical volumes, individuals profiled are selected on the basis of current reference value. Factors such as position, noteworthy accomplishments, visibility, and prominence in a field are all taken into account during the selection … Read more

PRESIDENT TRUMP TO USE U.S. MILITARY & FEDERAL ACT TO OUST ILLEGAL IMMIGRANTS AT BORDER

It is no secret that the situation at any border center in America right now is tense. The Department of Homeland Security (DHS) and Immigrations and Customs Enforcement (ICE) are accused daily of mishandling the influx of undocumented immigrants and asylum seekers. On the other hand, many politicians are feeling the pressure for not doing … Read more

U.S. V. SCHLOFF AUTHORIZED REVERSED CONVICTION AFTER UNLAWFUL COMMAND INFLUENCE JEOPARDIZES FINDINGS

In United States v. Schloff, 74 M.J. 312 (CAAF 2015), the Court of Appeals for the Armed Forces (CAAF) maintained the definitions of sexual contact in military criminal justice settings. In particular, it held sexual contact described in Article 120(g)(2) can be defined by body-to-body contact and/or object-to-body contact. Perhaps more importantly, though, it and the Army Criminal … Read more

AIR FORCE CCA DECISION MAY FORBID USE OF OLD PRESCRIPTION MEDICATION

The Air Force Court of Criminal Appeals (CCA) has recently overruled a decision in United States v. Lancaster that removed punishment from using prescription drugs for any purpose other than the treatment of the illness or injury for which they were originally prescribed by a physician. The new statement labels the previous decision as “erroneous” and “contrary” … Read more

CONFLICTS OF INTERESTS IN U.S. V. HALE CAUSE CONVICTION REVERSAL

The Navy-Marine Corps Criminal Court of Appeals (NMCCA) has reversed multiple serious crime convictions, including rape and kidnapping, following a thorough review of United States v. Hale. The reversal of these convictions has also halted a 26-year confinement sentencing. After it was found that there was significant conflicts of interests among three parties in the case, … Read more