The Military Rules of Evidence (M.R.E.) do sometimes allow a servicemember’s silence to be admitted at a court-martial as evidence of an admission. Let’s say, for example, you are in the workplace one day with your coworkers and someone says out loud to you, “you sexually assaulted me yesterday!” If you say nothing to this … Read more
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In the military, adultery can be a crime. The Manual for Courts-Martial (MCM) lays out the elements of the crime of adultery. Recently, the Joint Service Committee (JSC) added some supplemental language to the MCM that specifically addresses adultery as a crime. The added language to Appendix 23 makes it clear that not every affair … Read more
On 2 November 2016, the Court of Appeals for the Armed Forces (CAAF) heard oral arguments in an Air Force case called United States v. McClour. In this case, the appellant has appealed to CAAF claiming error in the military judge’s instruction regarding proof beyond a reasonable doubt. In McClour, the military judge instructed the … Read more
Last week, the Court of Appeals for the Armed Forces (CAAF) decided to review a specific issue in an Army case called United States v. Erikson. In this case, the appellant’s defense was that the alleged victim claiming he sexually assaulted her was lying. Sometime prior to the court-martial in this case, defense discovered that … Read more
The courts have determined that prosecutorial misconduct occurs when trial counsel, “oversteps the bounds of that propriety and fairness which should characterize the conduct of such an officer in the prosecution of a criminal offense.” One way in which prosecutors can do this is by expressing their own personal opinions during their closing arguments. Last … Read more
If you have just received a letter of reprimand from a commanding general or another commander, you will not have much time to respond. However, in my opinion it is important that you do. You can ask the commander for an extension in the time he or she is giving you to respond and typically … Read more
In August 2016, I wrote a blog about a Navy-Marine Court of Criminal Appeals (NMCCA) case called United States v. Solis. In this case, the appellant challenged Article 120(b)(3)(A) stating that it was “void for vagueness.” Article 120(b)(3)(A), “prohibits sexual activity with a person who is incapable of consenting to the sexual act due to… … Read more
If you are alleged to have committed a crime and are being read your rights, I urge you to remain silent and ask to speak with an attorney. I have and always will recommend that course of action. The reason that servicemembers fight the urge to ask for an attorney is because they do not … Read more
Recently, in May 2016, an amendment was made to Military Rules of Evidence (M.R.E.) 801(d)(1)(B) which discusses the admissibility of a prior consistent statement. What is a prior consistent statement? It is a statement that a witness on the stand has made prior to the court-martial that is consistent with the statement that the witness … Read more
If you have been sentenced severely at a court-martial, you may now be comparing your sentence with other cases that have similar facts. You may have discovered that you were punished much more severely than other servicemembers facing similar charges. Sometimes, there are actually companion court-martials. In these cases, the facts are intertwined. For instance, … Read more