Blog

by

I am frequently asked if it is possible to “appeal” a court-martial conviction through the civilian courts.  The short answer is yes. The long answer is much more complicated.  While one can file an appeal in federal court (after all military appeals are completed) it is rare for a federal court to intervene and grant … Read more

by

Summary Court-Martial – Trial by summary court-martial provides a simplified process for the resolution of charges involving relatively minor incidents of misconduct. The summary court-martial involves a single officer who, depending upon service branch policies, is a judge advocate (a military attorney). The maximum punishment a summary court-martial may impose is considerably less than a … Read more

by

Criminal prosecution in both federal and state courts is also a possibility under the Constitution. The double jeopardy clause does not apply here because of the involvement of the state and federal governments. As a matter of policy, however, a service member whose trial is pending who has been tried by a state court is … Read more

by

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

by

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

by

 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

by

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

by

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

by

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

by

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