Posts tagged "Courts-martial" | Washington D.C. Military Law Blog
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Posts tagged "Courts-martial"

How does a special court-martial differ from other punishments?

In last week’s post, we discussed the recommendation made after Sgt. Bergdahl’s Article 32 hearing. As readers may recall, the number refers to a provision in the Uniform Code of Military Justice. Today’s post provides an update into the procedural wheels of the military’s criminal justice system at work.

Are there efforts to reform the courts-martial process?

The Uniform Code of Military Justice criminalizes behaviors that might be inconsequential or even commonplace in the civilian context, such as fraternization, missing work or insubordination. In the military, such behaviors could result in prosecution in the form of a court-martial. If that proceeding results in a conviction, severe punishments may attach, including a loss of one's military benefits and/or discharge. 

Does misconduct always escalate into a court-martial proceeding?

There are parallels that can be drawn between the military courts-martial process and a criminal proceeding in the civilian context. Just as civilian police forward their investigation to a district attorney who makes the decision of whether to press charges, so do military commanders make a decision after conducting a preliminary inquiry. Not every inquiry may progress to a court-marital proceeding under the Uniform Code of Military Justice. 

Comparatively strict guidelines on religion in the military?

It is generally understood -- certainly by members of the armed forces -- that free speech is not quite as unfettered generally as it is in the civilian world. Servicemembers don't openly question their superiors about orders received. Troops don't publicly denigrate the president -- who is their commander in chief -- or matters of military policy.

He said, she said: sexual assault case spotlights differing views

The following narrative provides both a summary review of an ongoing sexual assault case with an Air Force Academy nexus and -- in a larger sense -- an overview of some of the predominant problems and issues that can feature in a sex-based criminal case.

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