When a legal case is brought forward, the outcome of that case depends on the prosecution’s ability to prove the defendant’s guilt. Different standards of proof may apply, depending on the jurisdiction and the type of legal action taking place. The three primary standards of proof include preponderance of the evidence, clear and convincing evidence, … Read more
If you have been arrested while serving in the Armed Forces, your military career and livelihood may be on the line. How well you know your rights and even how you conduct yourself immediately following your arrest could greatly impact how your case plays out. That’s why you should know about your right to remain … Read more
Sexual assault in the military has been a problem for years. The Pentagon recently announced 6,236 reports of sexual assault in 2019, up 3 percent from 6,053 in 2018. It is also estimated that only one in four sexually assaulted service members report the crime. At the same time, the Defense Advisory Committee on Investigation, … Read more
On December 10, 2020, the US Supreme Court ruled that military rape cases occurring between 1986 and 2006 are no longer subject to a statute of limitations. This 20-year legal gray area has fluctuated between having and not having legal time limits for rape cases several times in recent years. What is a Statute of … Read more
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 … Read more
The Air Force made history this November when it charged Maj. Gen. William T. Cooley with sexual assault, making him the first active Air Force general ever to be charged with a military justice crime. He could also become the first Air Force general to face a court martial if the preliminary hearing, scheduled for … 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 … Read more
2020 has been a year marked by bloodshed and heartache for military service members stationed at Fort Hood (Fort Hood) Army Base in the central Texas city of Killeen. A slew of homicides, suicides, fatal accidents, and criminal activities has left family members, friends, and residents of the base feeling shocked and baffled. Fort Hood … Read more
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
Understanding the Foreign Military Investigation Process Overseas deployment can be an opportunity to sightsee while abroad. If you’re stationed in a friendly country, you may decide to take leave and travel for a bit. However, as soon as you step foot off the military installation, you could be subject to the jurisdiction of a foreign … Read more
