On September 5th, 2018, the United States Court of Appeals for the Armed Forces (CAAF) ultimately agreed to reverse the original sexual assault conviction in the Navy case of United States v. Barry. However, the process to undo that conviction and reach a new conclusion is largely contested, with the CAAF split as to how to decide and … Read more
The Uniform Code of Military Justice (UCMJ) has noticeably changed its views on military crimes of a violent nature. President Trump has recently approved and signed the annual defense authorization act, which has made domestic violence its own separate criminal violation with a specific statute describing the crime and potential penalties. In the past, domestic violence conducted … Read more
The Air Force Academy has made a significant rule change in order to encourage service members to report incidents of sexual assault from other airmen and airwomen. In specific, “collateral” misconduct violations and their related penalties will not be filed against someone who comes forward with a sexual assault allegation. Underage drinking, fraternization, and recreational drug use are all … Read more
The United States Court of Appeals for the Armed Forces (CAAF) has presented its decision for United States v Kelly. The CAAF’s opinion has held that a Court of Criminal Appeals (CCA) has the legal ability to disapprove a mandatory minimum punitive discharge when the penalty would be “inappropriately severe.” The decision has creates the potential … Read more
A reservist of the United States Armed Forces must still comply with the Uniform Code of Military Justice (UCMJ), as long as they are performing a duty that directly coincides with their reservist status. Within Article 2(a)(3), a court-martial jurisdiction’s power is further limited to reservists on inactive-duty training, or to Army National Guard and … Read more
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 … Read more
The Preemption Doctrine of military law and the Uniform Code of Military Justice (UCMJ) acts as a limitation to Article 134, UCMJ. The first clause of the Preemption Doctrine states that Article 134 does not have the authority to prohibit actions that are “already prohibited by Congress in UCMJ articles 78 and 80-132.” United States v. … Read more
In United States v. Langhorne, military investigators admitted to monitoring the defendant’s phone calls to learn his Facebook account name and password. After obtaining the private information, the investigators logged into account to get transcripts of conversations, including some that reportedly outlined a plot to hire a professional hitman. The groundwork of the investigation and the … Read more
The United States Army Court of Criminal Appeals (CCA) has contradicted a lower court’s decision to deny an evidence suppression motion put forth by the defense. In a sexual misconduct case that accused Private First Class Morales of multiple Article 120 and Article 120c violations, the defense argued a search of the defendant’s cellphone was unjustified because the investigators … Read more
On November 16, 2017, residents in Okanogan, Washington, looked up to see a giant phallus sketched in the blue autumn sky. It was left there by the Navy crew of the EA-18G Growler, based at Whidbey Island Naval Air Station, and Navy superiors are not impressed. According to a statement released by the Navy the … Read more
