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Court-Martial

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Non-Unanimous Jury Verdicts Are Still Allowed in Courts-Martial Cases

Americans place a strong emphasis on their constitutional rights and the importance of a fair legal system. In 48 states and federal court, the vote from a single juror to acquit a defendant is enough to prevent a conviction. But in Louisiana and Oregon, people have been punished on a 10-to-2 or 11-to-1 verdict since …

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Understanding and Defending Against Allegations of Article 120, Sexual Assault

The Uniform Code of Military Justice (UCMJ) is the military’s code of law. It covers everything from minor infractions to serious felonies. Article 120 relates specifically to sexual misconduct, including sexual contact, assault, and rape. Sex crimes always receive harsh punishments, but the sentence could be even more severe if you are enlisted in the …

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Caaf Approves Rehearing For U.s. V. Frost Child Sexual Assault Case

The United States Court of Appeals for the Armed Forces (CAAF) has decided to reverse the outcome of the Army child sexual assault case of U.S. v. Frost and authorize a rehearing. During the case, the defense asserted that the alleged child victim had been improperly influenced by her mother into testifying against Frost. It was argued …

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Court-martial For Retirees Under Ucmj Article 2 Is Unconstitutional, Rules Nmcca

In a surprising decision that will send shockwaves throughout the military criminal justice system, the Navy-Marine Corps Court of Criminal Appeals (NMCCA) has held that it is unconstitutional to use Uniform Code of Military Justice (UCMJ) Article 2 to court-martial a retired service member. Within Article 2, it specifically says that court-martial jurisdiction applies to “retired members of …

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ARMY COURT OF CRIMINAL APPEALS AFFIRMS BERGDAHL’S SENTENCING FOR DESERTION

The Army Court of Criminal Appeals (CCA) recently affirmed the sentencing of Private First Class Bergdahl, who was charged with “desertion with the intent to shirk important service and avoid hazardous duty” and “misbehavior before the enemy” in 2015. The desertion case was unique and reached headlines in that President Trump tweeted to the masses his …

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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 …

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CAAF DECIDES ARGUMENT OVER CONFLICTING ARTICLE 134 & MCM CHARGE DESCRIPTIONS

A 3-2 divided Court of Appeals for the Armed Forces (CAAF) recently decided the case of U.S. v. Gleason, finding that an accused cannot be charged with a novel specification under Article 134 of the Uniform Code of Military Justice (UCMJ) if the same criminal violation can already be described in the Manual for Courts-Martial (MCM), …

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