Articles Posted in UCMJ

You’ll have seen the blogging and news reports about the potential consequences of a pregnancy while serving in the AOR – which could include court-martial. A US Army general in northern Iraq has defended his decision to add pregnancy to the list of reasons a soldier under his command could face court martial. The BBC…

A former Navy master chief petty officer was sentenced Dec. 11 to four years in prison for stealing nearly $40 million in fuel from the U.S. Army in Iraq, according to the Department of Justice. Stars & Stripes reports. One suspects he might of received a higher sentence if prosecuted at court-martial under the UCMJ,…

Why am I not surprised by Issue III. See one of my earlier blogs — The Prosecutor’s Gamble. I’ve blogged several times about trial counsel “suppression” of evidence or information favorable to the defense, despite frequent public relations statements and appellate cases lauding the more open discovery to which a court-martial accused is entitled to…

The Article 32, UCMJ, hearing for a Coast Guard O-6 accused of fraternization, adultery, and other offenses with enlisted and junior officer personnel is finished. An IO report is pending and then a CA decision. If the information reported as to the general nature of the case is true then it looks like the O-6…

Sexual assault allegations at the USAFA have dropped, but risen at the other academies. But they have dropped overall. The report does not indicate the disposition of the cases – founded or unfounded, court-martial or other disciplinary actions under the UCMJ. Marine Times reports

It is a possibility: The Army general commanding U.S. forces in northern Iraq has added pregnancy to the list of prohibitions for personnel under his command. The policy, which went into effect Nov. 4, makes it possible to face punishment, including a court-martial and jail time, for becoming pregnant or impregnating a servicemember, according to…

The military’s case against a Coast Guard captain accused of violating military code wrapped up Thursday with the officer’s lawyers admitting their client committed adultery and fraternized with enlisted women — but, they said, his behavior was not criminal. Anchorage Daily News reports. Here are some factors that will be considered by the IO, the…

The Navy-Marine Corps Court of Criminal Appeals released today its en banc decision in United States v. Medina, No. 200900053, __ M.J. __ (N-M. Ct. Crim. App. Dec. 17, 2009). The main portion of the opinion focuses on Art. 120. The majority finds Art. 120 facially constitutional, citing United States v. Crotchett, __ M.J. ___,…

Rumor has it that there are now 12 trial counsel assigned to the prosecution of Major Nidal Malik Hasan, at least one of whom has military death penalty litigation experience. The defense remains at three with Mr. Galligan and two military defense counsel, none of whom have death penalty experience under the UCMJ. The Army…

The wrongful use of prescription medications is an offense under Article 112a, UCMJ. About one in four soldiers admit to abusing prescription drugs, most of them pain relievers, in a one-year period, according to a Pentagon health survey released Wednesday. The study, which surveyed more than 28,500 U.S. troops last year, showed that about 20…