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HOW TO AVOID THE MINEFIELDS OF MILITARY JUSTICE ISSUE 1 – ARTICLE 31B

ARTICLE 31B – COMPULSORY SELF-INCRIMINATION PROHIBITED For some odd reason, when young Servicemembers come under investigation, they feel they need to talk. I guess it’s not odd. It is the military. Integrity is everything. Integrity is drilled into the minds of all young Servicemembers during their basic training. I went to basic training in 1998. …

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UNIFORM CODE OF MILITARY JUSTICE UPDATES, EFFECTIVE JANUARY 1ST, 2019

With the enactment of the 2017 National Defense Authorization Act (NDAA), a series of Uniform Code of Military Justice (UCMJ) updates have been implemented on January 1st, 2019. The late John McCain described the updates as the “most significant reforms” to the UCMJ in history. How will the changes actually impact members of the United …

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CAAF DECISION GIVES CCA POWER TO DISAPPROVE MANDATORY MINIMUM PUNITIVE DISCHARGE

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 …

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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” …

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4TH AMENDMENT VIOLATION CAUSES REVERSAL OF US V. DARNELL

The Court of Appeals for the Armed Forces (CAAF) has reversed the ruling of the Navy-Marine Corps Court of Criminal Appeals (CCA) that originally upheld a conviction in United States v. Darnall. The CAAF found no substantial evidence for Darnall to have ever been detained and questioned by investigators, which poses a direct violation of the …

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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, …

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