WHAT IS DIFFERENT ABOUT SEX ASSAULT COURTS MARTIAL NOW THAN LAST YEAR?

On December 25, 2013, President Obama signed a defense bill that changed how cases of sexual assault are managed within the military justice system. Any person found guilty of sexual assault will be subject to dishonorable discharge, and their commanders no longer have the ability to reverse the decision of the jury. New provisions allow … Read more

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WHAT ARE THE DIFFERENT TYPES OF COURTS MARTIAL?

Under the UCMJ, there are three possible types of courts martial that can be convened. The determination on what type is convened is based upon the rank of the accused as well as the type of criminal offense involved. As with civilian court, the accused must be proven guilty beyond a reasonable doubt, but military court has an … Read more

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WHAT IS A COURT MARTIAL?

Members of the armed forces are subject to the UCMJ, or the Uniform Code of Military Justice, as well as state courts. If a member of the military has violated any part of the code, a court martial can, and often times will, be convened. The type of court martial will be determined by the severity of the … Read more

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COMMON QUESTIONS ABOUT COURT-MARTIALS

Few are familiar with the court-martial process, even when they have been in the military for many years. This can become a problem when a member of the military is accused of a crime and is facing a court-martial. What do you do? Where do you turn for help? Joseph L. Jordan, Attorney at Law … Read more

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ARTICLE 31 RIGHTS

Service Members have rights! If you are suspected of a criminal offense in violation of the UCMJ, you must be given your Article 31 rights before anyone can interrogate or question you. Interrogation includes any formal or informal questioning on the part of a law enforcement official such as OSI, NCIS, CID or CGIS. Typically law … Read more

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KEY ISSUE ARISES AS TRAINER’S HEARING CONCLUDES

Were the Air Force trainees who had sex with their superiors in a supply room “grown women” who could make their own decisions or “impressionable teenagers” still under the sway of those who directed every aspect of their lives for the preceding 8½ weeks? That was the ultimate question put forth during the Article 32 … Read more

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INVESTIGATION INTO AIR FORCE TRAINERS’ ALLEGED SEXUAL MISCONDUCT UNDER WAY AT LACKLAND

SAN ANTONIO — Seven military training Instructors at Joint Base San Antonio – Lackland accused of having inappropriate relationships with trainees are defending themselves in court. The story has garnered national headlines and rocked the Air Force. The Article 32 Investigation (similar to a preliminary court hearing in civilian court) got under way at Lackland. Staff Sgt. … Read more

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LARCENY AND FINANCIAL FRAUD

Article 121 of the UCMJ specifies the provisions regarding punitive measures to be adopted against service members accused of larceny. As you can imagine, the law is a minefield, with many elements capable of different interpretations. Larceny and financial fraud typically happen through the theft of basic housing allowance (BAH), through wrongful claims of travel … Read more

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MILITARY BOARD OF INQUIRY

If you are an army or air force officer accused of serious misconduct, a Board of Inquiry (BOI) might be ordered to investigate the misconduct allegations. Your entire record would be up for consideration, and the procedure carries grave risks. You might be discharged, reduced in rank, or have your service characterized as Other Than … Read more

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