Do Military Members Have First Amendment Rights?

U.S. military service members have always operated under different rules than civilians. The military’s special system of laws—known as the Uniform Code of Military Justice (UCMJ)—employs its own regulations for prosecuting and punishing violators, which often includes a court-martial. Many military crimes are not punishable under civilian law, and the rights of military service members … Read more

Why Is Adultery a Crime in the Military?

The Uniform Code of Military Justice (UCMJ) defines a long list of expectations, rules, and regulations regarding the conduct and duty of U.S. military service members. In many cases, the prohibited behaviors outlined in the UCMJ align with civilian law. For instance, crimes such as rape, drug use, and drunken operation of a vehicle are … Read more

Could the Former Captain of the USS Theodore Roosevelt Face Charges?

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 … Read more

Understanding the MINOR Act

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 … Read more

How a DUI Affects Your Military Career

DUI Article 111

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 … Read more

What Constitutes a Conspiracy Charge?

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 … Read more

Defending Against Accusations of Self-Harm

It is not surprising that many military troops return from lengthy overseas deployments with mental health challenges, including depression and post-traumatic stress disorder (PTSD). These mental illnesses are strongly linked to suicidal behavior and can predicate the transition from suicidal ideation to suicide attempts. According to the University of Massachusetts Law Review released in 2014, … Read more

What are the Differences in Military and Civilian Court Cases?

Photo of a court room.

Are you a military service member who has been accused of committing a crime? While certain activities are illegal under both martial and civilian law, the military has a different set of codes, processes, and penalties for dealing with crimes. If you’re facing a military trial, it’s important to familiarize yourself with the differences in … Read more