13

Jan

February 1, 2024

Administrative Demotions: How the Army Strips Soldiers of Rank

Promotions in the United States Army are earned, not given, and are often the product of years of hard work and dedication. Given the sacrifices it takes to get promoted, there are few things more demoralizing to a service member than being involuntarily demoted. While administra...

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13

Jan

January 1, 2024

Historic Changes to the Manual for Courts-Martial and Military Justice

On 28 July 2023, President Biden signed Executive Order (EO) 14103 implementing significant amendments to the Manual for Courts-Martial (MCM). [1] These changes include the creation of a new Office of Special Trial Counsel (OSTC) and reforms to the court-martial sentencing system ...

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13

Jan

December 31, 2023

Looking Back on 2023: MJA’s Year in Review

It was an exciting, fast-paced, and ground-breaking year for MJA filled with battles won, new clients we were proud to represent, and expansion into new and existing practice areas. In 2023, MJA fought victoriously for clients at courts-martial, administrative separation boards, c...

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13

Jan

October 31, 2023

Fundamental: The Right to Counsel (Part 5)

Guaranteed by the Fifth and Sixth Amendments to the United States Constitution, the right to counsel is arguably the most important guarantee in the Bill of Rights because it is through counsel that all other rights are protected. It is the attorney who preserves the rights of th...

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Category: Courts-Martial


13

Jan

September 30, 2023

Understanding Camp Lejeune’s “Elective Option” Settlement Offer

Marines and loved ones who have filed a Camp Lejeune water contamination claim may be offered a financial lump sum to end their claims early through what is being called the Elective Option (EO). Under the Elective Option, an eligible claimant can be offered up to $550,000 to res...

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13

Jan

August 31, 2023

Fundamental: The Right to a Speedy Trial (Part 4 of 5)

The Sixth Amendment to the United States Constitution guarantees a criminal defendant the right to a speedy and public trial. In the military, the Sixth Amendment speedy trial protections are triggered upon preferral of charges or the imposition of pretrial restraint (e. g. confin...

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Category: Courts-Martial


13

Jan

July 31, 2023

Fundamental: The Right to Present a Defense (Part 3 of 5)

Criminal defendants in the United States are presumed to be innocent under the law. While an accused is never required to prove his or her innocence, the Constitution does guarantee them the right to present a defense if they so choose. This includes the right to have notice of t...

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Category: Courts-Martial


13

Jan

June 30, 2023

Fundamental: The Right to Trial by Jury (Part 2 of 5)

The right to trial by jury is the cornerstone of the American system of justice. James Madison, one of the major contributors to the Constitution, stated that “Trial by jury is essential to secure the liberty of the people as any one of the pre-existent rights of nature. ” The bel...

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Category: Courts-Martial


13

Jan

May 31, 2023

Fundamental: The Right to Remain Silent (Part 1 of 5)

The right to remain silent is one of the most important rights to a person suspected of criminal misconduct. Provided by the Fifth Amendment to the United States Constitution and Article 31, Uniform Code of Military Justice (UCMJ), the right to remain silent allows a service memb...

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Category: Courts-Martial


13

Jan

April 30, 2023

Article 133, UCMJ – Conduct Unbecoming an Officer

Article 133, UCMJ – Conduct Unbecoming an OfficerMilitary officers, cadets, and midshipmen are held to the highest personal and professional standards. When those standards are not met, officers may be administratively punished or even criminally prosecuted for violating Article ...

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Category: Punitive Articles