In the military, Commanding Officers and Generals are tasked with maintaining good order and discipline within their ranks. If a service member has allegedly participated in an unlawful incident or event, administrative investigations are a useful tool that commanders and Judge Advocate General (JAG) officers can use to discover the facts regarding the service member’s … Read more
Have you noticed that hemp-derived products, including cannabidiol (CBD), are becoming increasingly ubiquitous across the country? You can now find hemp products ranging from coffee additives and vaping liquids to supplements and candies to ointments and creams. Many product labels claim that CBD is a pain reliever and sleep aid, able to treat numerous ailments … Read more
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 … Read more
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
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 … Read more
The U.S. Army Court of Criminal Appeals (CCA) recently ruled that a military judge’s failure to disqualify himself from a case was grounds to reverse the verdict and authorize a rehearing. It stated that the judge’s inappropriate relationship with the prosecutor’s wife undermined “public confidence in the judiciary and military justice system.” STAFF SERGEANT APPEALS … Read more
In a not so surprising turn, the en banc Navy-Marine Corps Court of Criminal Appeals (NMCCA) reversed a previous decision that stated that Articles 2(a)(4) and 2(a)(6) violate the due process clause of the Fifth Amendment. The current ruling finds that the jurisdictional schemes of the Uniform Code of Military Justice (UCMJ) apply differently to Fleet Reservists … Read more
The Army Court of Criminal Appeals (CCA) recently announced that the Army regulation that prohibits underage drinking – AR 600-85, 3-2c – is not punitive. In other words, the regulation may prohibit underaged service members from drinking alcohol, but it does not raise any punitive charges if the regulation is violated. Army CCA judges found … 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, … Read more
The National Defense Authorization Act for Fiscal Year 2020 (NDAA FY20) was recently unveiled by Congress, passed, and signed by President Trump. The NDAA outlines how Congress intends to “raise and support” the military for the next fiscal year, setting budget guidelines and expectations. The NDAA also introduces new military justice provisions for further legislative … Read more
