Shopping for a Military Lawyer? Part 1: Courts-Martial
Judging from a cursory Google search, looking for a military lawyer can be an ominous task. Yet, you’re probably searching for a lawyer who will represent you at a time when you are the most vulnerable, desperate, and in need of someone competent to stand by your side. Here are a few things to help… Read More
Where is Congress Going With This
More changes are being proposed for the Uniform Code of Military Justice, and it has military lawyers and court-martial practitioners scratching their heads. It is confusing and, more importantly, unenforceable in certain key ways. I guess that, when in doubt, make something up that sounds like you’re doing something good. Maybe? For more information, check… Read More
Bad Idea Files: Video Evidence
Here is a cautionary tale that most military attorneys would say stands for several basic principles. First, don’t make statements to others about your wrongdoing. Second, don’t make up a lie about your wrongdoing. Third, you especially should not lie about your military service–especially claiming combat service that you do not have. Fourth, you should… Read More
The Fight Is Far From Over
If you thought the senate would give the latest round of changes to the UCMJ some time to take hold, you thought wrong. Over the next couple of months, a battle will be waged between those who support the changes proposed by Senator Claire McCaskill (former prosecutor and District Attorney) and Senator Kirsten Gillibrand (champion… Read More
Interesting Human Interest Article on Ft. Bragg Court-Martial
Today, I ran across an interesting human interest story on the court-martial of Brigadier General Sinclair at Ft. Bragg, NC. Taken at face value, it is an interesting look into the human side of the trial and the effect it has had on the parties involved. Military lawyers continue to watch this unfolding trial with… Read More
Assessing the Sides of a Sexual Assault Court-Martial
For a moment, let’s assess the teams that exist whenever someone in the military is prosecuted for sexual assault: For Prosecution and Conviction Prosecutor (Trial Counsel) Special Victim Prosecutor Paralegals and other legal assistants in the military justice shop. Investigators/Special Agents/Special Victim Investigators Special (Alleged) Victim Counsel Victim Advocates For the Defense Military Defense Counsel… Read More
Sexual Assault Reports Are Up, But What Does It Mean?
There are statistics, then there is how statistics are interpreted. The latter varies wildly depending on political persuasions. In practice, such debates in congress is of little use to military lawyers who focus on courts-martial, as we just continue defending allegations one case at a time. However, we are always mindful of potential changes and… Read More
Insight into British Military Law
If you’ve been following the murder trial in the UK concerning a Royal Marine, it provides an interesting insight into their court-martial system. More information can be found here.
USA Today OpEd on UCMJ Reform
Military lawyers are standing by, knowing that reform to the Uniform Code of Military Justice and court-martial procedure is coming soon. We are not considering whether there will be a change, but what will be the extent of the change. Some are calling for a complete abolition of command control over the court-martial process. This… Read More
A Word About Article 32 Hearings Prior To General Courts-Martial
In the wake of the Article 32 investigation for 3 Naval Academy Midshipmen, many advocates used the long and detailed cross examination by defense attorneys as a rallying point to advocate for a completely revamped system for determining whether reasonable grounds (essentially probable cause) exist to send more serious cases, those facing greater than 1… Read More
