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Apr
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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Apr
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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Apr
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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Apr
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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Apr
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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Apr
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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Apr
Active duty service members facing criminal charges often face legal battles in two court systems; civilian court, and court martial via the military justice system. Both can have long-lasting consequences to your life and military career. Domestic assault charges are particularl...
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Apr
The concept of a court martial may seem mystifying to some, but it doesn’t have to be. Every military service member should understand the core components of the court martial process. In that spirit, let’s take a look at two essential elements of military court: preferral and re...
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Apr
Article 32, Uniform Code of Military Justice (UCMJ), requires that a preliminary hearing be conducted before criminal charges may be referred to general court-martial for trial. A “preliminary hearing” or “Article 32 hearing”, as it is colloquially referred to, is an important pr...
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Apr
A court-martial is a military version of a civilian criminal proceeding. Like its civilian counterpart, it requires an accused to be proven guilty beyond a reasonable doubt, but any real similarity ends there. Differences include:Courts-martial are specifically intended to try mi...
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Apr
Social media continues to be a hot topic of debate in many tried cases, raising questions about the legal validity of Facebook posts, tweets and comments on web sites as evidence. Unlike most American citizens, members of the military are held to the highest of standards and the p...
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