Navigating the Waters of Parental Discipline: A Defense in Assault Charges Against a Child In the realm of military justice, the topic of parental discipline often treads a fine line between lawful correction and unlawful assault. The complexity of such cases necessitates a thorough understanding of the legal boundaries that define permissible parental discipline. This […]
It has often been said by military historians that we face nothing new under the sun today that was not faced by warriors since the dawn of warfare. General James Mattis is often quoted as saying that though the technology had changed, Alexander the Great would not be the modern military justice least bit confused […]
Historical context and later court decision This commentary discusses the February 2023 trial. Both Marines were convicted of violating a lawful general order by consuming alcohol, and neither received punishment. On 27 December 2024, the Navy-Marine Corps Court of Criminal Appeals set aside both findings and sentences and dismissed the charges with prejudice after finding […]
Air Force Reservist Convicted of Misdemeanor Homicide after Crash that Killed Police Officer.
United States v. Behenna, 70 MJ. 521 (Army Ct. Crim. App. July 21, 2011), pet. for grant of rev. filed, No. 12-0030/AR (C.A.A.F. Sept. 19, 2011). Procedural History: Behenna was convicted of unpremeditated murder and assault. During appeal, Behenna claimed he was denied the right to a fair trial when a prosecution witness who could […]
Jul 18, 2012 In United States v. Boie, ACM 37546 (A.F. Ct. Cim. App. 011) (slip op.) the Appellant was convicted by officer and enlisted members, in accordance with his pleas, among other things, of one specification of the attempted killing of an unborn child and assault consummated by a battery. The appellant was upset […]
In United States v. Roberts, 69 M.J. 23 (C.A.A.F. 2010) the issue was whether the military judge erred in excluding evidence of relationship such that it violated Robert’s constitutional confrontation rights. Before a military judge sitting as a general court-martial, Staff Sergeant Roberts pled guilty and was convicted of one specification of assault consummated by […]
United States v. Harman, 68 M.J. 325 (C.A.A.F. 2010) deals with the evidence required to conviction for conspiracy to commit maltreatment of subordinates. The accused was convicted of several charges, including conspiracy, stemming from her role in abusing detainees at the Abu Ghraib prison in Iraq. In particular, the accused participated in an episode where […]
We get a lot of questions regarding the question of “What is a Conviction?” Because this seems to be a reoccurring question, we put together a short blog post to help clarify the issue. Essentially, a conviction for the purpose of deportation is a formal judgment of guilt of the noncitizen entered by a court […]