13

Jan

May 31, 2019

Understanding Article 118, UCMJ – Murder

Murder is one of the most serious charges a person–military or civilian–can face. While people often think that murder is limited to only premeditated killings, that’s not always the case in the military. So what are the different types of murder under the Uniform Code of Militar...

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Category: Punitive Articles


13

Jan

April 30, 2019

Military Separation Boards: An Overview

Many circumstances can trigger a service member’s discharge from the Armed Forces. While most of the time this will simply be the end of an enlistment contract, there are other situations where a service member’s military career is cut short due to allegations of misconduct or su...

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13

Jan

March 19, 2019

Understanding Article 112a – Wrongful use, possession, etc of controlled substances

The United States military has a zero-tolerance policy when it comes to illegal drugs. Under Article 112a of the Uniform Code of Military Justice (UCMJ), anyone who wrongfully possesses, uses, manufactures, imports, or distributes certain controlled substances can be court-martia...

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Category: Punitive Articles


13

Jan

February 19, 2019

Understanding Special Courts-Martial

In the U. S. military justice system, the purpose of a special court-martial is to address charges that are not severe enough to warrant a general court-martial but are too serious for a summary court-martial. These non-capital offenses are generally equivalent to a misdemeanor in...

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Category: Courts-Martial


13

Jan

July 19, 2018

Military Law: The “Short Martial”

Until now, servicemembers could have expected their commanding officer to offer non-judicial punishment, or Article 15, if their commanding officer suspected them of UCMJ violations. However, starting in January 2019, the process will change. The 2017 National Defense Authorizati...

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Category: Courts-Martial


13

Jan

June 19, 2018

Understanding the “Good Soldier Defense”

If you have been charged or are suspected with violating the UCMJ, your good military character may be a defense. If used properly, the “Good Soldier Defense” can be effective tool for an experienced attorney to create reasonable doubt in the minds of the judge or jury about whet...

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Category: Courts-Martial


13

Jan

April 19, 2018

An Overview of the Criminal Investigation Division

The military’s Criminal Investigation Division has one, very important job: to investigate and determine whether or not a service member has committed a crime, or if their actions or involvement warrant court-martial. The CID is essentially the military’s version of a criminal in...

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Category: Courts-Martial


13

Jan

March 28, 2018

Attorney Gerry Healy Appears on NPR to Discuss Transgender Troop Restrictions

NPR’s Sarah McCammon asks military law expert Gerry Healy about President Trump’s latest policy restricting military service by transgender troops. Click the link here to read more. The post Attorney Gerry Healy Appears on NPR to Discuss Transgender Troop Restrictions appeared firs...

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13

Jan

March 19, 2018

Understanding the Courts-Martial Appeals Process

Just like the civilian court system, the military also has an appeals system set up for post-conviction relief. If you’ve been convicted under a general or special court martial, your case will automatically be reviewed by a judge advocate and by the convening authority. Upon rev...

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Category: Courts-Martial


13

Jan

February 19, 2018

4 Ways Military Court Differs From Civilian Court

The military is unique. It provides members and their families with housing, jobs, grocery stores, and gas stations. It only makes sense that the military would keep within its community its own judicial system. While there are several similarities to the civilian court system, m...

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Category: Courts-Martial