Articles Posted in Uncategorized

Major Tyesha E. Lowery, One "Get Out of Jail Free" Card: Should Probation Be an Authorized Courts-Martial Punishment?, 198 Mil. L. Rev. 165 (2008).

Probation is not an authorized punishment that can be adjudged by the military judge or members.  The author of this article advocates allowing the trial sentencer to impose "probation," and therefore substituting the military judge's own view of what's good for the unit for that of the commander.

Lest you think otherwise, I'm not averse to a properly constructed, managed, and supervised probation program.  It could begin with something similar to the A.F. return to duty program or a residential, non-custodial, correctional training; a form of "liberty risk" / Cinderella liberty; monthly random urinalysis; alcohol screening; anger management counseling; and various other counseling programs.

On 3 February, the Court of Appeals for the Armed Forces will hear oral argument in United States v. Delarosa, No. 08-0390/NA [2008 CCA LEXIS 4, N.M. Ct. Crim. App. January 10, 2008)(unpub. opinion)].  The pending C.A.A.F. argument is somewhat interesting in light of the pending Supreme Court argument in Kansas v. Ventris, which we looked at the other day.

United States v. Watkins, 34 M.J. at 345.

The judge raps the gavel and announces that, "this court is

adjourned." Now what? That happened to Gunnery Sergeant Rodriguez years

ago.

Professor Yung reports that: The Fourth Circuit Got it Right.

(The U.S. Fourth Circuit is considered one of the more conservative of

the Circuit Court's of Appeal.) There has been some litigation over the