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Courts-martial have sole jurisdiction over wholly military offenses. In the case of an offense that violates the Uniform Code of Military Justice (UCMJ) and the criminal law of a State, other Federal law, (or all three) it must be determined which jurisdiction will move forward with the prosecution. This decision is made through coordination between … Read more

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The Article 32 Investigation is an important proceeding and one of the first steps on the road to a general court-martial. This pre-court-martial investigation is an extensive evidentiary hearing conducted before a single investigating officer, typically a line officer but, depending on the circumstances, can be a judge advocate or even a military judge. The … Read more

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 Former Supreme Court Justice Warren Burger called the American court-martial system “the most enlightened military code in history” — but few would call it perfect. In an unusual public ceremony in Seattle last year, the U.S. Army apologized for the wrongful convictions of 28 African-American soldiers of the 43 tried in the largest and longest … Read more

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Among the earliest courts-martial in American history took place in 1779, when the infamous Major General Benedict Arnold faced court-martial for employing troops for personal gain (he was acquitted of most charges, though convicted of two minor violations). A delay in the court-martial irritated Arnold so much that it possibly contributed to his betrayal of … Read more

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The military court-martial is the oldest system of justice in the U.S., even older than the Constitution, Bill of Rights, and Declaration of Independence. The roots of military law and the court-martial extend back to ancient Rome, where it was adopted in various forms to enforce discipline within the ranks. In 1775, the Continental Congress … Read more

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Military prosecutors work hard to ensure that service members charged with gang related or other violent crimes face the full force of the Uniform Code of Military Justice following a court-martial conviction. In fact, it is not uncommon for a dozen law enforcement agents to work on one case. During the court-martial, the government typically … Read more

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The Augusta Chronicle By Kyle Martin, Staff writer Crime and misconduct are growing symptoms of U.S. armed forces dealing with the strain of deployments and a decade of war, said an Augusta lawyer who practices military law. Also of concern are behavioral issues tied to post-traumatic stress disorder and traumatic brain injuries, William Cassara said. … Read more

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Mr. Cassara represented an Air Force doctor who was facing loss of her medical privileges.  The command filed notice that they were going to revoke her medical privileges, which would not only mean the end of her military career, but would also impact her ability to earn a living outside of the military.  After she … Read more

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There are wide varieties of circumstances that lead to Larceny allegations and, possibly, court-martial. Due to the importance of unit cohesiveness in the military, larceny from a fellow service member may result in a speedy and unsympathetic response from a commander. The value of the stolen property will also be important to a commander when … Read more

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The U.S. military prosecutes larceny (a.k.a. theft) under the Uniform Code of Military Justice (UCMJ) Article 121. From the standpoint of the prosecution, the elements for a successful court-martial are: ·         That the accused service member wrongfully took, obtained, or withheld certain property from the possession of the owner; ·         That the property belonged to … Read more