13

Jan

3M Combat Arms Earplugs Lawsuit

From 2002 to 2016, the U. S. Department of Defense contracted with 3M, a Minnesota company, to manufacture and supply ear plugs for servicemembers. The ear plugs 3M provided were called the Dual Ended Combat Arms Earplugs (CAEv2) and were provided as standard issue to members of e...

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13

Jan

Understanding Article 119, UCMJ – Manslaughter

Manslaughter is among the most serious UCMJ offenses. It’s a crime that everyone has heard of but only a few understand the legal definition. So what’s the difference between voluntary and involuntary manslaughter? What are the possible punishments? And, most importantly, how do ...

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Category: Punitive Articles


13

Jan

Understanding Article 86, UCMJ – AWOL

Absence Without Leave (AWOL)There are multiple punitive articles that deal with military members who leave their place of duty without authorization. Several articles deal with specific instances of unauthorized absence. For example, Article 85 deals with Desertion, which include...

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Category: Punitive Articles


13

Jan

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

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

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

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

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

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

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

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

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