In the military, both hazing and sexual assault are against the law. Unfortunately, incidents that would once be considered hazing are now being wrongfully lumped into the much more serious category of sexual assault. Instead of going after soldiers with much stiffer penalties and blurred definitions, perhaps the military should consider more clearly defining the line between […]
In the wake of Congress eliminating the “good soldier” defense from court-martial hearings, Kyle Fischer, a former Army lawyer, expressed his concern about the direction that Court-martial hearings were heading, stating, “It seems at every step of the way they’re chipping away at every protection put in place to assure that the defendant can get a […]
In an article talking about the prevalence of male on male sexual assault in the military, an issue that is without a doubt blown out of proportion, the Washington Post quoted the near famous statistics (stating that the number of women who report sexual assault in the military is 40% while the number of men […]
In the 1998 court-martial of Sergeant Major of the Army Gene McKinney, McKinney’s defense lawyer, Charles Gittins, pointed out the true difference between using integrity and past conduct in a military versus civilian court, saying “In military law, character does count, and character alone may be enough to cause reasonable doubt.” Congress, however, does not […]
In a profession where your every action and decision is watched and recorded, where honor and moral conduct are of the highest importance, it is absolutely reasonable for your past record to hold weight in a trial where your credibility is called into question. Recently, however, Congress has decided to eliminate what is called the […]
In a sexual assault case where there is little to no forensic evidence or witnesses, the case often comes down to little more than the word of the victim versus the word of the defendant. In these instances, military courts have often weighed the value of the Soldier’s testimony against his service record and those who were […]
UCMJ Fraternization: What are the Penalties? When you are employed in the military, there are many additional rules and regulations that you must follow that civilians are not privy to. One of the most important things in the Armed Forces is the chain of command between superior officers and their subordinates. This regulated chain of […]
When you are facing court martial, it means that you have been accused of a crime by either civilian or military standards. In such a stressful time, you must remember that there are severe implications that can be found on your criminal and military. That is why you need to make sure that you have the […]
Feb 12, 2015 The military has a strict sense of organization that allows everyone to recognize who their subordinates and superiors are. This chain of command allows the military to perform duties in a succinct and effective manner while being clear about overall responsibilities. When this chain of command is broken, the servicemember that is […]