Blog
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Your Rights When Facing a Court-Martial – Part II
May 18
Posted by: William Cassara | Number of Comments: Comments Off
Category: Blog | Date Posted: Friday, May 18th, 2012
Trickery and deception by law enforcement is an ongoing part of the investigative techniques they employ. How to deceive suspects into giving information that can be used against them in a court-martial is a part of their training. Deception by law enforcement is permitted by law and has been approved by the U.S. Supreme Court as legitimate investigative techniques. However, you will be prosecuted if you lie to law enforcement. The best course of action is to say nothing. If you are facing a court-martial, it is important to know your rights.
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Your Rights When Facing a Court-Martial – Part I
May 11
Posted by: William Cassara | Number of Comments: Comments Off
Category: Blog | Date Posted: Friday, May 11th, 2012
Consider this:
· Are you a service member (active, Reserve, Guard, discharged, or retired) who faces a court-martial? Or, do you suspect that you may in the future face a court-martial?
· Are you the spouse of a service member who is facing or expects to face a court-martial?
· Are you a family member of a service member who is facing or expects to face a court-martial?If you said yes to any of the above questions, please read on.
Every attorney- or police-themed show on television …
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Can you afford an experienced military lawyer for your court-martial?
May 4
Posted by: William Cassara | Number of Comments: Comments Off
Category: Blog | Date Posted: Friday, May 4th, 2012
A court-martial conviction has serious consequences. Courts-martial are federal courts, so any conviction is a federal conviction. Unlike the civilian court systems, the military does not differentiate between misdemeanors and felonies. From the potential inability to own a firearm to the loss of Department of Veterans Affairs benefits and possible sex offender registration, not to mention the various financial damages (including loss of income if you are incarcerated) that most will face, the consequences are indeed serious. Few people c…
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Court-Martial Appeals – Part Four
Apr 27
Posted by: William Cassara | Number of Comments: Comments Off
Category: Blog | Date Posted: Friday, April 27th, 2012
Similar to civilian criminal courts, appeals are allowed in the military justice system. A service member may appeal their court-martial sentence. This means that a court-martial sentence is not necessarily the end of the story. If there have been errors committed at your court-martial, you may have grounds for appeal.
If you are convicted at a court-martial, then an appeal is your last opportunity to reverse your conviction and/or see your sentence reduced. A court-martial appeal is specialized work and success requires a military defense l…
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Who Determines Guilt at a Court-Martial – Part Three
Apr 20
Posted by: William Cassara | Number of Comments: Comments Off
Category: Blog | Date Posted: Friday, April 20th, 2012
The accused has the option of having his or her court-martial heard by either a judge or jury (called a panel in the military.) Military judges are Judge Advocate General (JAG) attorneys, and the panel members are both military officers and enlisted service members. All members of the panel will be senior in rank to the accused, and must be from a different unit. If the accused is enlisted he or she can request that at least 1/3 of the panel members be enlisted.
The judge or panel will determine whether the accused is guilty and, if so, …
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The Court-Martial Proceeding – Part Two
Apr 13
Posted by: William Cassara | Number of Comments: Comments Off
Category: Blog | Date Posted: Friday, April 13th, 2012
Once a court-martial gets into the courtroom, it has two basic phases. First, there is the “findings” phase of the court-martial, which is the part of the trial where the judge or “panel” determines whether the government has proven the accused guilt beyond a reasonable doubt. Second, there is the sentencing phase of the court-martial, which only occurs if the accused is found guilty.
During the findings phase of the court-martial, the government goes first, as they have the burden of proof. The government prosecutors (Trial Counsel …
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An In-Depth Look At Courts-Martial – Part One
Apr 6
Posted by: William Cassara | Number of Comments: Comments Off
Category: Blog | Date Posted: Friday, April 6th, 2012
A court-martial is best described as a military criminal trial. Courts-martial are designed to determine whether a service member accused of criminal activity is guilty or innocent of their charges. Generally speaking, just about any criminal offense committed by a service member is under the jurisdiction of a military court-martial.
If a service member is convicted at a court-martial, punishments can include incarceration, loss of rank and pay, and a “punitive” (i.e. dishonorable, bad conduct or dismissal) discharge. In almost all court…
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The Path to Appealing a Court-Martial – Part III
Mar 23
Posted by: William Cassara | Number of Comments: Comments Off
Category: Blog | Date Posted: Friday, March 23rd, 2012
If the court-martial conviction is affirmed by the service court, the appellant may request review by the Court of Appeals for the Armed Forces and, ultimately, the U.S. Supreme Court. It should be noted that review by these high courts is discretionary.
The Court of Appeals for the Armed Forces (CAAF) is made up of five civilian judges, appointed by the President and confirmed by Congress. These judges serve for a term of no more than 15 years. CAAF is responsible for overseeing the military justice system. In all but capital punishment cas…
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The Path to Appealing a Court-Martial – Part II
Mar 16
Posted by: William Cassara | Number of Comments: Comments Off
Category: Blog | Date Posted: Friday, March 16th, 2012
The Court of Criminal Appeals can correct any legal error it comes across; including the reduction of those court-martial sentences it considers to be excessive. Under Article 66 of the UCMJ, the Court may only uphold such parts of the court-martial findings and sentence that it finds correct in law and fact. In their consideration of the record, the judges may assess the evidence and credibility of witnesses, as well as determine disputed questions of fact, all the while recognizing the fact that the trial court heard and saw the witnesses. …
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The Path to Appealing a Court-Martial – Part I
Mar 9
Posted by: William Cassara | Number of Comments: Comments Off
Category: Blog | Date Posted: Friday, March 9th, 2012
Convictions by a special court-martial or general court-martial are automatically appealed to a service Court of Criminal Appeals if the sentence includes confinement for one year or more, a dishonorable or bad-conduct discharge, dismissal (in the case of a commissioned officer, midshipman, or cadet,) or a death sentence. Unless the service member convicted at court-martial waives his or her right to appeal, military appellate courts are required to review cases over which they have jurisdiction. The exception to this is death; a service memb…