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 their clients, gives confidential advice, and who, Read More

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. confinement). While an accused will often allow pretrial delay in order to, Read More

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 the charges and evidence against, Read More

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 belief was widely held by, Read More

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 member to refuse to answer any question that, Read More

Service members convicted at court-martial can face significant punishments. Depending on the nature and severity of the crime, these punishments can include years in confinement, discharge from the military, reduction in rank, forfeiture of pay and allowances, and even death in the most serious cases. When your career, freedom, and future are on the, Read More

The military’s authority to place a service member in pretrial confinement recently received national attention after Marine Lieutenant Colonel Stuart Scheller was placed in the brig following a series of social media posts and videos he made criticizing the American withdrawal from Afghanistan. While the Uniform Code of Military Justice (UCMJ) does authorize Commanders, Read More

With the COVID-19 vaccination now here, the Department of Defense has begun distributing the vaccine to military installations worldwide. But some military service members may still be skeptical about taking the vaccine due to concerns about its safety or effectiveness. These concerns raise the obvious question—can a service member be required to take the, Read More

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 the civilian justice system. All classes of enlisted servicemembers are, Read More

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 Authorization Act created a new form of court-martial for commanders to ensure the good order of, Read More