Article 81 of the Uniform Code of Military Justice (UCMJ) covers the topic of conspiracy. If you have been accused of this crime, it’s important to understand what constitutes a conspiracy charge so you can begin building your defense. Elements of Conspiracy Conspiracy is a serious crime with potentially long-term ramifications. The UCMJ recognizes two …
Under the direction of the Secretary of the Army, the Fort Hood Independent Review Committee (FHIRC) recently conducted a comprehensive assessment of the “Fort Hood command climate and culture and its impact, if any, on the safety, welfare, and readiness of our soldiers and units.” The committee’s report focuses largely on the Sexual Harassment/Assault Response …
Reviewing the Report of the Fort Hood Independent Review Board Findings Read More »
Military service members often spend much of their days operating vehicles, aircraft, and vessels. They are expected to control these machines responsibly and safely. Failure to do so could result in a criminal charge. Drinking and driving—whether on base in a military craft or off base in a personal vehicle—is a violation of Article 111 …
If a juvenile commits sexual assault against another minor on a military installation, who has the jurisdiction to prosecute? The federal government has exclusive legislative jurisdiction on many military installations because these are considered federal properties. As a result, local prosecutors lack the legal authority to apply state juvenile delinquency laws to minors living on …
When serving on the front lines, military servicemen and women may face the difficult responsibility of killing enemy soldiers on the battlefield. This type of killing is lawful because it is done against a hostile force during a war. However, when done without legal justification or excuse, killing a fellow human being is against the …
A drug charge is a serious offense for anyone, but if you’re in the military, the sentence may be especially harsh. After all, military service members are held to a high standard and may be punished severely if found guilty. If you recently tested positive for illegal drugs or have been implicated in the possession …
What Will a Drug Charge Do to Your Military Career? Read More »
If you are a military service member who has been accused of or arrested for a crime, you may now be facing a court martial. These criminal proceedings are reserved for members of the military. As such, military law applies, not the federal criminal code. While the two are similar—including the fact that the accused …
The Navy’s top admiral, Mike Gilday, will soon decide the fate of Navy Captain Brett Crozier, the former commanding officer of the aircraft carrier USS Theodore Roosevelt. Then-acting Navy Secretary, Thomas Modly, fired Crozier on April 2 after Crozier emailed more than 20 people outside his chain of command explaining the dire situation regarding his …
Could the Former Captain of the USS Theodore Roosevelt Face Charges? Read More »
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 …
Non-Unanimous Jury Verdicts Are Still Allowed in Courts-Martial Cases Read More »
In United States v. Gilpin, the sexual assault conviction is reversed by the Navy-Marine Corps Court of Criminal Appeals (CCA). According to the CCA’s review, the conviction was based primarily on testimonies from the alleged victim, which were deemed “factually insufficient.” The victim claimed they had been unconscious due to heavy intoxication while the accused sexually assaulted them, …
NAVY-MARINE CCA REVERSES SEXUAL ASSAULT CONVICTION DUE TO “FACTUAL INSUFFICIENCY” Read More »
