Because of the absence of mandatory minimums in the military system for punishing sexual assault and rape do not exist, you can see a very vast and a very different level of punishment from one offender to the next. Each panel and each military judge will listen to the facts and circumstances of that particular … Read more
The difference between nonjudicial punishment and court-martial involves multiple factors that include who is going to be the decision maker to decide if that person has been proven guilty beyond a reasonable doubt, and also what the particular punishments are, and further, what are the possible consequences. Understanding that punishment and consequences can be different. … Read more
The most notable consequence to a Letter of Reprimand or a General Officer Memorandum of Reprimand is going to be what the filing determination is going to be. If that particular reprimand is filed locally, there will not be a future impact on the service member’s career. If, however, that reprimand is filed in the … Read more
The uniform code of military justice authorizes a maximum punishment for rape, as life without eligibility for parole. Technically, there is also the possibility that someone being prosecuted for rape could face a death penalty level punishment, however most experts agree that death penalty for a rape case would not survive constitutional scrutiny. Until recent … Read more
Military court martial convictions are able to be appealed. Depending upon the sentence that is announced in your case, there would be two separate avenues for appeal. If the sentence includes a punitive discharge, meaning a bad conduct discharge, or a dishonorable discharge, or if you receive an excess of six months in confinement, so … Read more
Sexual assault is an outrage. It is a crime. I have no tolerance for this. We find out somebody is engaging in this stuff they’ve got to be held accountable, prosecuted, stripped of their positions, court martial, fired, dishonorably discharged, period. It’s not accepted. It’s hard to describe the feelings that you go through when … Read more
When a person is facing court martial in the military, they should understand that the resources and weight of the United States government is being focused against them in order to achieve conviction punishment, which most often includes confinement and discharge. In the military, unlike in the civilian system, the military will roll right into … Read more
The convening authority for a general court-martial is known as the General Court-martial Convening Authority, and in most cases is going to be the most senior level officer for the base. Some bases are large enough that they do have more than one general court-martial convening authority, but you’re going to be talking about an … Read more
Even though military law is a fairly small specialty focus, the number of civilian attorneys that are hanging their shingle and practicing before military courts martial is on the rise. With internet advertising and many attorneys who offer global availability, you can find yourself overwhelmed by your options. To help you sift through potential candidates, … Read more
Despite much of the training that is going on right now in the military, known as sharp training, sexual harassment and assault response prevention training, despite those educators putting forward that all sex with a person who has consumed alcohol is a crime, that is not in fact the case. Under the UCMJ, it is … Read more
Military prosecutors have a number of different ways to try to prosecute someone for sexual harassment. The first way would be contained in Article 93 of the Uniform Code of Military Justice, what’s known as cruelty or maltreatment.