13

Jan

October 31, 2021

Locked Up: Military Pretrial Confinement Explained

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 f...

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Category: Courts-Martial


13

Jan

January 31, 2021

Can Service Members be Required to Take a COVID-19 Vaccine?

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 con...

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Category: Courts-Martial


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 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


13

Jan

December 19, 2017

How the Military Handles Domestic Assault Charges

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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Category: Courts-Martial


13

Jan

September 19, 2017

Understanding Preferral and Referral of Charges

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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Category: Courts-Martial