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Military Law Archives

Does an Article 15 apply to major military offenses?

When levied as punishment for an infraction of some type committed by a military servicemember, an Article 15 applies to minor offenses. Those can generally be distinguished quite readily from more serious misconduct that is termed criminal in nature and, in the military, is typically dealt with in a court-martial proceeding.

Material aspects of a general court-martial sexual assault case

A recent article on military law presents some germane and interesting information concerning the singular aspects of a general court-martial case focused on sexual assault, and we pass along some central considerations for readers in today's blog post.

DOD-commissioned report shows significant drop in sexual assault

According to a recently released study by the RAND Corporation, longstanding efforts by federal lawmakers to combat the incidence of sex crimes within the ranks of the military appear to be working as the number of reported sexual assaults among personnel has dropped considerably over the last two years.

Military malpractice and negligence: claims against the government

Although many readers of this blog might reasonably believe that it is impossible for active-duty military servicemembers, veterans and military dependants to bring legal claims against the federal government for personal injuries suffered through the negligent acts or omissions of government actors, that is not true.

Federal appeal of adverse military decision: role of legal counsel

Some readers of our blog might reasonably think that military and civilian law never intersect, that is, that there is never any interplay between the treatment accorded a servicemember under the Uniform Code of Military Justice and the civilian court system.

A look at military courts-martial panel selection

Fundamental fairness in the American legal system requires that juries in criminal trials be fairly selected, with jurors being free of taint as regards prejudicial views against a defendant that might unlawfully influence a judicial outcome (indeed, Article VI of the Bill of Rights in the U.S. Constitution refers to a defendant's right to an "impartial jury" in all criminal prosecutions).

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