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Monday, March 24, 2014

CIVILIAN COURT-MARTIAL DEFENSE LAWYERS: RAPE AND SEXUAL ASSAULT COURT-MARTIAL CASES IN THE MILITARY JUSTICE SYSTEM (UCMJ ARTICLE 120)… WHAT NOW CONGRESS?



MILITARY CRIMINAL DEFENSE LAWYER (Former JAG Attorney) NEWS:

In Congress’ continuing effort to change the military justice system so that outcomes are predetermined in court-martial cases alleging rape and sexual assault (UCMJ Article 120), what will they do now, in light of the outcomes in the Sinclair and Tate courts-martial?  See:


We already know the military takes jurisdiction of dubious cases the civilian authorities are not interested in prosecuting.  So, prosecuting these cases in the civilian criminal justice system is not the answer.  Then we had the debate between the competing military justice bills proposed by Senator Gillibrand and Senator McCaskill.  Senator Gillibrand wants disposition decisions removed from commanders and put in the hands of JAG attorneys – but now those JAG attorneys (Military Judges) arrived at the controversial outcomes in the Sinclair and Tate cases.  Senator McCaskill wants disposition decisions left in the hands of commanders – but commanders (Lt Gen Helms and Lt Gen Franklin) arrived at the controversial outcomes in the Wilkerson, Herrera, and Wright cases.  If Congress can’t rely on the civilian criminal justice system, military commanders or JAGs to do their bidding…what now? 

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.  See also:


We offer free initial 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

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 Northern Florida (Pensacola, Ft Walton, Destin, Eglin AFB, Hurlburt Field, Duke Field, Panama City, Tyndall AFB areas) and Colorado Springs, Colorado (FT Carson, Peterson AFB, Air Force Academy, Schriever AFB, Cheyenne Mountain Air Force Station, Buckley AFB areas), but our military defense law practices are worldwide – we travel to wherever our clients are stationed or serving and need us.

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