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. … Read more
In the recent decision of United States v. Perkins, originating from the United States Marine Corps, the U.S. Court of Appeals for the Armed Forces (CAAF) has realigned how criminal evidence can and cannot be suppressed if it is collected due to an unlawful search or seizure of a suspect’s property. The decision has drawn immediate … Read more
The United States Court of Appeals for the Armed Forces (CAAF) recently decided United States v. McDonald, an Army case involving a service member accused of sexual assault. The case’s conclusion is noteworthy among military criminal cases in that it has decided that sexual assault that involves nonconsensual sexual activity that causes physical harm can be viewed as a … Read more
The Air Force case of United States v. Hale has been decided by the U.S. Court of Appeals for the Armed Forces (CAAF) in a decision that could bring heavy implications to military criminal justice as a whole. Within U.S. v. Hale, the CAAF used evidence of conduct not regulated by the Uniform Code of Military Justice … Read more
When a military service member decides to end their military career, they can either separate from the military altogether or, more commonly, retire. For as long as a retired service member is collecting retirement pay and benefits from the military, though, they can be held under court-martial jurisdiction. Furthermore, they can be recalled back to active … Read more
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 … Read more
The 9th Circuit has upheld the decision of lower courts to dismiss a discovery order challenge originally filed by an alleged victim of sexual assault. The alleged victim had tried to keep her mental health records private after an order to release them was created, as they pertained to a pending military crimes case. After the challenge was … Read more
Bri’onte Dunn, a former Ohio State running back, was acquitted by a jury of two charges of rape last week. He had been accused by a previous lover of forcing himself upon her, but he denied the accusations up-and-down, refusing any offerings of a plea deal. If convicted, he could have spent decades in prison. However, the … Read more
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
