Court-Martial Trial Practice Blog

Click to access nacdl-comments-draft-6-mpc-sexual-assault-and-related-offenses-docx-1.pdf   http://papers.ssrn.com/sol3/papers.cfm?abstract_id=2753718

Can the actions of military prosecutors raise the specter of Unlawful Command Influence? Maybe. That conclusion can at least can be gleaned from the case of United States v. Garcia, decided in 2015 by the Army Court of Criminal Appeals.  (United States v. Garcia, No. 20130660, 2015 CCA LEXIS 335 (A.…

The Sex Offender program is under revision.  The old sentencing requirements were 45 months to include abatement time (earned time/good conduct time/transportation time and consideration for treatment starting every quarter). The new Sex Offender Treatment Program (SOTP) requires at least 31 months sentencing to be considered for the program.  We do not advocate increasing or…

United States v. Plant was a difficult appeal, for a lot of reasons.  Ultimately we were able to get some relief at the Court of Appeals for the Armed Forces.  The court set-aside a conviction of child endangerment and ordered a sentence reassessment. Faced with the issue back in the…

“If we prioritize conviction rates rather than having just verdicts, and if we vote that way in elections, this problem [of unfair, biased criminal prosecutions] will just continue.” by Todd VanDerWerff on January 11, 2016, Netflix’s Making a Murderer: the directors explain what many have missed about the series.  Vox.com, January 11,…

Barracks, Dormitories, and Capitol Hill: Finding Justice in the Divergent Politics of Military and College Sexual Assault Rudderless: 15 Years and Still Little Direction on the Boundaries of Military Rule of Evidence 513 Open-Ended Pharmaceutical Alibi: The Army’s Quest to Limit the Duration of Controlled Substances for Soldiers A Better…

Out of Focus: Expanding the Definition of Child Pornography in the Military The Code Indicted: Why the Time is Right to Implement a Grand Jury Proceeding in the Military

The Army Court of Criminal Appeals has an interesting opinion and reminder about the relationship of improper relationships when there is an allegation of sexual assault. United States v. Delgado, ARMY 20140927 (A. Ct. Crim. App. 6 January 2016). AR 600-20, para. 4-14b. prohibits relationships between soldiers of different ranks…

Is this agent still investigating?  Does this agent have any pending investigations or appearance as a witness in a UCMJ case? A man arrested just before Christmas for allegedly pulling out his gun at a restaurant because he didn’t like the bill is a Special Agent for the U.S. Army’s…

Thus begins a review of the Military Justice Review Group (MJRG) report Part 1.  My comments will be in no particular order. Confinement to Bread & Water Currently, a person can be confined for up to three days on bread and water rations, under certain circumstances.  The MJRG recommends removing…