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I am devoting this blog to the “ultimate offense doctrine” because military appellate courts have been making more frequent rulings based on this doctrine lately.  The ultimate offense doctrine rears its head when a servicemember is ordered to obey a law that already exists and the servicemember is charged at a court-martial with failing to … Read more

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The new Article 120c has an offense called “indecent viewing.”  This is an offense that may need some explanation.  Indecent viewing is when someone knowingly and wrongfully views the private area of a person.  In order to qualify as an indecent viewing, however, it must be without consent and it must have occurred under circumstances … Read more

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Generally, evidence of an alleged victim’s other sexual behaviors or sexual predisposition is off limits to the defense.  However, there are times when an accuser’s other sexual behaviors or sexual predisposition may be presented as evidence to show that an accused is innocent of an Article 120 charge.  This is a very sensitive area of … Read more

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Yes you can.  It is not “double jeopardy” to face a court-martial for the exact same offense you already faced and were found guilty of at a NJP or an Article 15 hearing.  However, in 1989, in U.S. v. Pierce, the Court of Military Appeals (the Court of Appeals for the Armed Forces’ (CAAF) predecessor) … Read more

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I have the utmost respect for military judges, however, it is important to remember that they are human and therefore sometimes make mistakes.  If one of their mistakes impacts a servicemember who faced trial by court-martial or is facing trial by court-martial, the servicemember’s conviction may be overturned or never come to fruition.  As an … Read more

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Yes, sometimes.  In the military there are three inchoate crimes which are “preparation crimes.”  In other words, these three crimes are designed to punish someone for taking active steps toward committing another crime. The three inchoate offenses in the military are attempt, conspiracy and solicitation.  It is a crime to attempt to commit a crime, … Read more

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Recently, the Article 32 investigation was conducted in the Naval Academy case where one female midshipman has accused three former Naval Academy football players of rape.  Apparently, the accuser was cross-examined for a long time during this hearing and was asked a lot of difficult questions.  Following this Article 32 hearing, she and her counsel … Read more

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In order to be convicted of possessing child pornography at a court-martial under Article 134 of the U.C.M.J., there has to be a determination that what you possess is actually child pornography.  In order to qualify as such, the picture in question must specifically meet the definition of child pornography.  Article 134 defines child pornography … Read more

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Everyone remembers the public coverage of the Marines urinating on the bodies in Afghanistan.  Well, even in a case like that where the “bad deed” appears in pictures and on video, the court-martial may not go in the Government’s favor.  This is especially true when there is unlawful command influence.  Unlawful command influence is when … Read more

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There is nothing more frightening that having someone tell you that you have been accused of a crime and then proceed to read you your rights.  Many servicemembers are stunned when they are in this position because often times they feel they have done nothing wrong and sometimes don’t know anything about the crime at … Read more