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
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Garcia not guilty on retrial
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. Ct. Crim. App. August 18, 2015)[ https://www.court-martial-ucmj.com/files/2016/03/USvGarcia.pdf].
Sex Offender Treatment-Miramar
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 decreasing sentencing based on treatment requirements but in order to be eligible for SOTP the member must be sentenced to at least 31 months at time of arrival.
A positive result
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 Air Force Court of Criminal Appeals we argued that the case should be returned to the field for a rehearing on the sentence. However, we argued the alternative remedy of disapproving one year of confinement. We did that because that was the maximum potential punishment for the child endangerment charge.
Today we received the news that the AFCCA agreed with us on setting aside one year of confinement. This means Plant will be released 16 months earlier than expected.
If
“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, 2016.
Prosecutorial bias permeates the American judicial system. Prosecutors hell-bent on victory often directly or indirectly prod investigators and experts to get the results they want. It’s refreshing to see a judge recognize this in a well-reasoned, groundbreaking decision.
WTR-Military Law Review articles
| Barracks, Dormitories, and Capitol Hill: Finding Justice in the Divergent Politics of Military and College Sexual Assault |
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| Rudderless: 15 Years and Still Little Direction on the Boundaries of Military Rule of Evidence 513 |
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| Open-Ended Pharmaceutical Alibi: The Army’s Quest to Limit the Duration of Controlled Substances for Soldiers |
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| A Better Understanding of Bullying and Hazing in the Military |
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WTR-Military Law Review
| Out of Focus: Expanding the Definition of Child Pornography in the Military |
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| The Code Indicted: Why the Time is Right to Implement a Grand Jury Proceeding in the Military |
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Sexual assaults and improper relationships
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 if they:
Huuum.
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 Criminal Investigation Division.
Curtiss Davis is also accused of exposing himself to a female employee and demanding a sex act.
Military Justice Review Group-Part 1-UCMJ
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 this as a punishment. They do not say why, other than to suggest that: