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
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
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
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
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
The DRB cannot review a discharge resulting from a General Court-martial. In addition, it cannot pardon, overturn, or eliminate a court-martial conviction. However, experienced military attorneys, like Mr. Cassara, can help compel the DRB to possibly change the reason for your discharge and, in the Air Force and Army, the RE Code. The DRB has … Read more
The Discharge Review Board (DRB) is limited insofar as it can only upgrade discharges and/or change the reason behind a discharge. The Air Force Discharge Review Board and Army Discharge Review Boards will change RE Codes, while the Navy Discharge Review Boards will not. The Discharge Review Boards cannot make any other changes to the … Read more
Can my unit place me in pre-trial confinement or restrict my movements? Yes, they can. You need to demonstrate that you are not a flight risk or a danger to the community to avoid this. There are many reasons why your commander would order you into pre-trial confinement. Your commander has to have probable cause … Read more
Knowledge is power. Knowing the type of courts-martial and the potential punishment will affect how you approach your case. The least serious court-martial is called a summary court-martial. Summary courts-martial are a type of administrative punishment. Unlike special and general courts-martial, summary courts-martial will not mean a federal conviction on your record if you are … Read more