Court-Martial Trial Practice

Black sailors more likely than white sailors to be referred to court-martial, report says Brock Vergakis, The Virginian-Pilot, 7 June 2017. The VP summarizes: Black sailors were 40 percent more likely than white sailors to be referred to a court-martial over a two-year period examined by an advocacy group that focuses on military justice. .…

LtCol CT called the possibility that defense counsel might be asking potential witnesses about evidence governed by MIL. R. EVID. 412 and 513 “gross and cruel.” All this caused Capt X (the defense counsel) to audibly sob at counsel table, and she was unable to continue. Unfortunately, it appears that the words and actions of…

It is essential that this parallel military justice system be seen as fair, just, [Constitution] compliant, and operating effectively, both at home and abroad. I note in passing that the civilian justice system also provides for extraterritorial jurisdiction in several contexts. However, unlike the civilian justice system, the extra-territorial reach of the parallel military justice…

https://globalmjreform.blogspot.com/2017/06/targeting-and-law-of-war.html Reposting a new publication for judge advocates supporting investigations into law of war violations. In particular, it relates to targeting decisions and the aftermath. There are specific points to assist in evaluating criminal responsibility under the UCMJ.

Reposting. A British Army court-martial

As an investigative tool, DNA has been a powerful weapon in identifying or confirming who committed a crime. But the value of DNA evidence is overshadowed by regular stories of corruption, incompetence, and flawed interpretation. It’s, for this reason, I never accept the DNA results as golden for the prosecution in a contested case. Here’s…

In United States v. Battles, No. 20140399 (A. Ct. Crim. App. 31 May 2017), the court asked: Where in the World is Captain Danenberger? That he is named in the court opinion will tell the lawyer that this is a bad story. “After conclusion of appellant’s trial, an embarrassing and unnecessary sideshow unfolded. The central…

David F. Jacobs, Fifth Amendment in the Digital World, 43 THE REPORTER 2 (2017). This should be read considering the recent Air Force Article 62, UCMJ, appeal in United States v. Blatney, Misc. Dkt. No. 2016-16 (A.F. Ct. Crim. App. 22 May 2017) (unpub.). In Blatney the OSI gained consent to search the accused’s phone…

In United States v. Hills, 75 M.J. 350 (C.A.A.F. 2016), the Court of Appeals for the Armed Forces decided that– [B]ecause the evidence of the charged sexual misconduct was already admissible in order to prove the offenses at issue, the application of Military Rule of Evidence (M.R.E.) 413 — a rule of admissibility for evidence…

The ongoing discussion about removing the line officer convening authority from making court-martial decisions is not new, nor are the criticisms of how a military justice process should work. Check out– Fred L. Borch, Military Justice in Turmoil: The Ansell-Crowder Controversy of 1917-1920. ARMY LAWYER, Feb. 2017.