Generally When deciding what a word or term in a statute means, the rule of statutory interpretation is to give the word or term its plain and ordinary meaning. This is known as the plain meaning rule. If the word or term is clear and unambiguous, then the court will…
In this earlier blog, I commented on the pending litigation over unanimous verdicts at courts-martial. As military defense lawyers we continue to support the advice given that the issue should be raised in all courts going forward. The update is that the Court of Appeals for the Armed Forces has…
A proposal that a military defense lawyer might face in the future. LtCol Greg Curley, Exploitation. 230 Mil. L. Rev. 421 (2023). The author proposes the adoption of an enumerated offense under UCMJ Art. 134, which he suggests would criminalize “Precursor Behaviors to Sexual Assault.” As part of the offense,…
Military lawyers know that since the Supreme Court decided Ramos v. Louisiana, the U. S. military is the only federal jurisdiction that does not require unanimous findings of guilt. Currently, a military jury (called a Panel of Members) must have eight members in a general court-martial (12 if it’s a…
Here is a link to Dave Schlueter and Lisa Schenk’s White Paper AMERICAN MILITARY JUSTICE: RETAINING THE COMMANDER’S AUTHORITY TO ENFORCE DISCIPLINE AND JUSTICE. [https://www.court-martial-ucmj.com/white-paper-on-military-justice-reforms-2020-w-app/] In summary, [they] believe that: • Commanders play a critical and necessary role in the American military justice system; • Transferring prosecutorial discretion from commanders…
The DoD Joint Service Committee on Military Justice has some new “publications” on its website. But more importantly, there are a number of proposed changes not yet on their site (but which are available on CAAFLog). A draft Executive Order indicating an effective date for the MJA of January 1,…
Military Times is reporting–House lawmakers Wednesday overwhelmingly passed new rules making the secret recording or unauthorized sharing of nude photos a crime under military law, in response to the Marine Corps United scandal earlier this year. Rep. Martha McSally (R-Ariz.) this week will introduce legislation meant to fight nonconsensual sharing…
Courtesy of the Booneville Democrat we now know that Several bills . . . are among a number of bill filings this week at the State Capitol in preparation for the 91st General Assembly regular session. They include: House Bill 1059, by Rep. House, would criminalize the violation of a…
My good friend Gene Fidell recently posted this thought: New York County Surrogate Gideon J. Tucker wrote 150 years ago: “No man’s life, liberty or property are safe while the Legislature is in session.” Here’s a thought about Congress at work in 2016. His note is in relation to major…
Friend and colleague Cully Stimson has a piece on military justice practitioner professionalism, similar to some others he has put out recently. He is right on. Of course this is nothing new. I came on active duty as a navy judge advocate in January 1908. The topics Cully talks were a…