Articles Posted in UCMJ

Is this unlawful influence, or just a bad idea, or . . . ?
Philip D. Cave

How far should members of congress or the President, or anyone, get involved in how to prosecute Major Hasan for his acts at Fort Hood. Certainly the victims are entitled to be involved and are required to be through the Department of Defense Victim-Witness Assistance Program. The program does not give politicians or government officials…

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AF annual drug warning
Philip D. Cave

I’m not sure why, but it seems the Air Force must have a checklist of annual warnings. The official website makes one about prescription drugs, entitled: Prescription meds: Proceed with caution. The caution advises that misuse of prescription medications can result in disciplinary action, including court-martial. When Airmen ignore inspecting their medicine cabinets they risk…

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Meteor burns out
Philip D. Cave

WESH2.com reports: A former astronaut pleaded to a lesser charge and avoided jail time for attacking a romantic rival in Orlando on Tuesday, but she could still face military prosecution. Navy captain Nowak will be awaiting a letter from the Chief of Naval Personnel (connected with show-cause board actions), or the Secretary of the Navy…

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Military insanity defense – Part III
Philip D. Cave

If Major Hasan raises an insanity defense for his acts at Fort Hood, how might the defense actually work if at all. Presumably he will present a combination of witnesses and documents. The media is reporting that prior to reporting to Fort Hood Major Hasan had “problems” so there will be witnesses to odd or…

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Military insanity defense – Part II
Philip D. Cave

In Part I, I briefly outlined the formal examination process prior to presenting an insanity/lack of mental responsibility defense. Now here is some information on the “law” or legal standard for an insanity defense. This is the defense that Major Hasan and his lawyers are going to have to consider for his actions at Fort…

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Military insanity defense – Part I
Philip D. Cave

The military (insanity) lack of mental responsibility defense is set out in several places relevant to Major Hasan and the events at Fort Hood. The first step that should be taken by a prudent convening authority in this case is to order a mental examination under R.C.M. 706, as soon as Major Hasan is medically…

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Toobin on toolong
Philip D. Cave

CNN Justice reports: Toobin: Cabinet members may end up negotiating which legal system will try Army Maj. Nidal Malik Hasan, the suspect in last week’s mass shooting at Fort Hood in Texas, CNN senior legal analyst Jeffrey Toobin said Tuesday. CNN: Would the charges be the same in either case? Toobin: The wording would be…

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It’s all Greek to me
Philip D. Cave

Military.com reports: A Marine reservist accused of attacking a Greek Orthodox priest with a tire iron after apparently calling him a terrorist was actually defending himself after being sexually attacked by the cleric, his defense attorney said Tuesday. Tampa Police report offered a far different account, saying Marakis was lost when he followed Bruce into…

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Another Stolen Valor Act prosecution
Philip D. Cave

CNN reports: California man is facing a criminal charge for wearing numerous Navy medals despite the fact he never served in the military, federal prosecutors said Wednesday. A witness “saw Burton wearing a Marine Corps uniform displaying the rank of lieutenant colonel, along with the Navy Cross, the Purple Heart and the Bronze Star[.]

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Davis Montham airman not guilty in homicide case
Philip D. Cave

The azstarnet reports: A Davis-Monthan airman was acquitted Tuesday in the slaying of another airman in 2007 during a south-side house party, an official said. A court martial panel found Senior Airman Philip Andre Howard not guilty of the June 2007 death of Airman 1st Class Brian Santos, said Capt. Stacie Shafran, a D-M spokeswoman.…

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