Military
Defense Lawyer (Former JAG Attorney) News:
As I
have described in so many previous blog posts, the military justice system
is being turned into the military prosecution, or persecution, system in
court-martial cases alleging rape and/or sexual assault (UCMJ Article
120). Lawmakers and senior government and military officials who care
more about an inaccurate politically correct narrative than the fairness of the
military justice system are conspiring to make continued changes to the system
to ensure commanders and JAGs have no discretion, or at least don't dare to
exercise what little discretion they may ultimately retain.
*Case
in point: The premature retirement of Lt Gen Susan Helms.
Despite an exemplary record of over three decades of military service, which
included 5 space shuttle missions, living aboard the International Space
Station, holding the record for the longest spacewalk, and being nominated to
serve next as the Vice Commander of Air Force Space Command, her career was
ended due to her exercising her legal discretionary authority in a military
rape/sexual assault court-martial. She made a decision based on the
evidence, her best judgment as a senior military officer, and her personal and
professional integrity - and she fell victim to the politics that are
dismantling the military criminal justice system. See:
*Case
in point: The premature retirement of Lt Gen Craig Franklin.
Despite an exemplary record of over three decades of military service, his
career was abruptly ended due to him exercising his legal discretionary
authority in two military rape/sexual assault court-martial cases. He
made a decision based on the evidence, his best judgment as a senior military
officer, and his personal and professional integrity - and he fell victim to
the politics that are dismantling the military criminal justice system.
See:
Now,
no military commander or JAG who values his/her career will dare to consider
the presumption or possibility of innocence, or the government's (essentially
former) burden to prove a case beyond a reasonable doubt, or the rights of an
accused in America to due process, fundamental fairness, and to present a
defense in court in any military case dealing with allegations of rape and/or
sexual assault. This is pointed out by Lt Gen Franklin's statement
announcing his retirement, and Lt Gen Mueller's (The Air Force IG) statement
about the retirement. See:
As
reported by the above-cited story, in announcing his retirement, Lt Gen
Franklin stated:
“In
the last 10 months as the Commander of Third Air Force and 17th Expeditionary
Air Force, my judgment has been questioned publicly regarding my decisions as a
general court martial convening authority,” Franklin said in a statement
announcing his retirement. “This is a distraction for the Air Force and for my
role as a general court martial convening authority.”
In
response to the retirement, Lt Gen Mueller reportedly stated:
Lt.
Gen. Stephen Mueller said he is “heartbroken” and “bitter” about the retirement
of Third Air Force commander Franklin’s decision to retire, and said it could
force commanders to pursue sex assault cases regardless of the evidence.
“If commanders believe their only choice can be to prosecute, we are
significantly tilting the balance of justice that we all hold so dear.”
What
is happening now to the military justice system, Lt Gen Helms and Lt Gen
Franklin is the result of a reactionary movement that began after the
"rape scandal" at the Air Force Academy in 2003, but has now picked
up momentum far outpacing common sense, reason, and the constitution (which,
incidentally, military members risk their lives to support and defend).
See:
As a
former military JAG officer, as a lawyer, and as an American, what is now happening
to the military justice system is stomach turning. If you don't think
innocent military members are being tried, convicted, and sentenced to prison
because of the current toxic military justice environment, you are, at best,
being naive. For those politicians blustering about how they would no
longer feel comfortable allowing their daughters to join the military (and fall
prey to this alleged "epidemic" of sexual assault), I would counter
that I would not feel comfortable allowing my son to join a military whose
criminal justice system ignores the Constitution, its rights and ideals, when
the military is expecting that son to sacrifice, and possibly kill and/or die,
to support and defend that same Constitution. It is a very sad chapter in
the history of the military justice system....
For more information about the military
justice system, particularly cases alleging rape and/or sexual assault in
violation of UCMJ Article 120, type “rape” or “sexual assault” into the search
bar above the blog posts. We also offer free consultations for a case you
may be involved in. Just call us.
Thank
you.
By:
Attorney Richard V. Stevens
Civilian criminal defense lawyer and military defense lawyer
Military Defense Law Offices of Richard V. Stevens, P.C.
http://www.militaryadvocate.com
Civilian criminal defense lawyer and military defense lawyer
Military Defense Law Offices of Richard V. Stevens, P.C.
http://www.militaryadvocate.com
Blog
postscript: Attorney Frank J. Spinner and I (attorney Richard V. Stevens) are
former active duty military lawyers (JAG). Our perspectives and advice,
therefore, are based upon our experience as military defense lawyers and as
civilian criminal defense lawyers practicing exclusively in the area of
military law and military justice. This blog addresses issues in military law,
military justice, military discipline, military defense, court-martial
practice, the Uniform Code of Military Justice (UCMJ) and other military and/or
legal topics. Nothing posted in this blog should be substituted for legal
advice in any particular case. If you seek legal advice for a particular case,
please contact The Law Offices of Richard V. Stevens and The Law Office of
Frank J. Spinner for a free consultation. These military defense law offices
are located in Colorado Springs, Colorado and Northern Florida, but the
military defense representation is worldwide – when necessary, the attorneys
travel to wherever the client is stationed.
1 comment:
Richard.....your posts should be required reading for every Senator and a Representative. There are, as you say, many innocent men sitting in military prisons today. Had I known that serving your country meant losing your rights as a US citizen, I would never have let my son take the oath. I could not, in good conscience, recommend a career in our military to any young man in today's climate. It is such a shame that it has come to this.
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