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Court Martial Law

Tuesday, November 5, 2019

Study Finds Minorities More Likely to Face Court-Martial


According to a report earlier this year by the Government Accountability Office, racial disparity is not limited to just the civilian justice system, and racial bias, unfortunately, remains alive and well.  The study found that people of color, such as Blacks and Hispanics, were more likely than their white counterparts to end up in front of a general court-martial. 

Despite being considered as one of the U.S.’s greatest examples of racial equity, it appears that the military is no different than the rest of the population.
Read more . . .


Monday, October 7, 2019

Jackie Robinson Court Martialed for Fighting Racism


Although he is best known as the baseball player who broke the color barrier, Jackie Robinson was also a soldier. He served as a 2nd Lieutenant in the Army during WWII. While stationed at Ft. Hood, Robinson had an altercation with a bus driver that lead to a Read more . . .


Wednesday, October 2, 2019

Why Does The Military Have Its Own Court System?


We get asked this question a lot. The easiest way to answer it is to imagine would it would be like if the military justice system did not exist. 

Imagine you are on active duty, serving overseas, and someone accuses you of sexual assault.
Read more . . .


Wednesday, August 7, 2019

What to Know About the 3 Types of Military Court-Martial


When a member of the armed services is accused of offenses against military law, the military has its own internal judicial court system for prosecuting them. This is called a “court-martial.” There are three different types of courts-martial: summary, special, and general.
Read more . . .


Friday, June 28, 2019

Are Military Veterans Subject to the Uniform Code of Military Justice if Their Alleged Crimes Are Committed After They Have Retired?


When individuals have retired from their service with the military there is often a sense of pride and a belief that they are now free from military laws, such as the Uniform Code of Military Justice (“UCMJ”), that they had previously been subject to. However, what many retired military members may not realize, is they are still subject to court-martial under the UCMJ instead of civilian courts – even if the alleged crimes were committed after they retired.

Recent Precedent

Two marines have recently filed separate petitions with the U.
Read more . . .


Saturday, November 3, 2018

Statutory Rape Charges in the Military

Q: Is there a difference in statutory rape charges?

Statutory rape in the military falls under the category of military sexual assault. Seeing as it’s defined as intercourse with an individual that is too young to consent, it’s not surprising that it’s a very serious offense with equally serious potential punishment upon conviction.

That’s why it’s important to hire a skilled court-martial defense attorney if sexual assault charges are brought against you or if you expect that they might be.


Read more . . .


Saturday, October 13, 2018

An Overview of Failure to Report for Duty Charges


When a military service member fails to report for duty, he or she can face serious charges. The following three offenses are associated with a failure to report for duty:

  • Absence without leave (AWOL);
  • Desertion; and
  • Missing movement.
Below is an overview of the acts that constitute these offenses and their associated penalties.  

AWOL

An armed service member is considered Read more . . .


Wednesday, July 18, 2018

Military Sexual Trauma Victim Wins Upgraded Discharge

Q: Can an “other than honorable” discharge ever be upgraded?

Being charged with desertion or AWOL (absent without leave) is very serious in the military.

Because the punishments can vary greatly, it's important to hire a...


Read more . . .


Tuesday, July 10, 2018

Investigating Alleged Sexual Assault in Cadet Dormitory

Q: Can a cadet face a court-martial?

While his peers were studying for final exams and preparing for graduation from the Air Force Academy, one senior cadet was spending time with his civilian court-martial defense attorney.

After an evening at the only bar on campus, the cadet found himself facing a...


Read more . . .


Friday, May 11, 2018

Air Force Exposes Alleged Penis Picture Club

Q: Is a court-martial or an administrative hearing appropriate for charges of conduct unbecoming an officer?

Service members who perform their duties in a brave and/or honorable manner often receive awards or commendations in recognition.

But sometimes, alleged conduct unbecoming garners awards, too—such as T-shirts, coins, and other prizes depicting a rooster. At least that's what Air Force investigators claim a group of 80+ active and retired service members could win after completing "a series of different poses and other acts" related to posting penis pictures and/or videos to a private online group. Now the officer may need


Read more . . .


Thursday, March 15, 2018

What is a Court-Martial?


A court-martial is a judicial court that tries members of the armed services who have been accused of breaking military laws. The Uniform Code of Military Justice outlines three court-martial types. These types of court-martial—summary, special, and general—differ in a number of ways, including the types of punishments that they may impose. Below is an overview of the three types of court-martials.

Summary Court-Martial

A summary court-martial may only try enlisted personnel for noncapital crimes, and the officer presiding over the proceeding is not required to be an attorney or judge.
Read more . . .


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