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Tuesday, May 28, 2013

Happy Memorial Day!







We hope you all had a very happy and meaningful Memorial Day (weekend).  In the midst of your other activities, we hope you took some time to reflect on the meaning of the holiday and say thanks for those brave Americans who have made the ultimate sacrifice for our great country.  

This year, we spent Memorial Day in NYC, at the 9/11 Memorial and the Intrepid.  The new skyline of South Manhattan proving the resiliency of the American spirit...

Friday, May 17, 2013

New McClatchy Article by Mike Doyle on Proposed Changes to Military Justice System - And My Comments on the Issue


Here is the latest article on proposed changes to the military justice system, and my comments on the issue.

http://www.mcclatchydc.com/2013/05/16/191456/obama-lawmakers-tackle-military.html#.UZZVbspZ6Hg

I’m the civilian court-martial defense lawyer quoted in the article above.  For those of us who care about the fairness of the military justice system and the rights of the military members accused within it…

When lawmakers propose that JAGs make decisions in these cases instead of commanders, that begs the question “What end game is being sought by the suggested systemic changes?”  Do lawmakers really care who makes the decisions, or are they really just looking for those who will do what they want – namely, to ensure prosecutions, convictions, harsh sentences and no clemency in these cases?  The message from lawmakers vocal on this topic is very clear – the military justice system fails if cases alleging rape or sexual assault are dropped or result in acquittal (UCMJ Article 120).  Due process, systemic fairness and the presumption of innocence are casualties of this message.  

In the military justice system there is unrelenting external and internal pressure to sacrifice fairness, and the rights of military defendants, for a system governed by public relations pressure.  The focus seems to be increasing prosecution success at the expense of the constitutional principles and protections on which the military justice system was founded.  

It is sad and ironic that military members swear an oath to support and defend the constitution – which for them may mean taking life or sacrificing their own – but lawmakers want to chip away at the constitutional protections military members have within their military justice system.  

If the lawmakers are proposing these changes to increase prosecution statistics, because they believe JAGs will push for prosecutions and convictions more than commanders already do, then, once again, Congress is attempting to make the system less fair than it already is for those military members facing these allegations.  Changes shouldn’t be made to the system to ensure military prosecutors do Congress’ bidding regardless of the merits, or lack thereof, of individual cases.  If the system is put in the hands of the JAGs instead of commanders, what will happen if this doesn’t result in more "palatable" statistics?  

If the public could see inside the truth of the military justice system they would be shocked by the disparity between what actually occurs within the system as opposed to the messages being spread by those within Congress, the press and others with an agenda.  Why is it that few press outlets other than McClatchy are even covering the issue of the fairness of the military justice system for military defendants?  Why is it that in White House, Congressional, and DoD meetings and hearings on the topic, the voice of the defense is not invited and considered?  There are scores of stories and examples we could tell from the perspective of actually being involved in defending these military cases and court-martial trials that would present a much more balanced debate on this issue.  We could bring more perspective on what the alleged statistics (which are being so heavily relied upon) may actually mean or not mean.  How can a topic fairly be debated or addressed in the government or the military when all the invited participants agree on the basic premise that the system is failing, changes are needed, and those changes need to result in increased prosecution statistics?  


By: Attorney Richard V. Stevens
Civilian criminal defense lawyer and military defense lawyer
Military Defense Law Offices of Richard V. Stevens, P.C.

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 Southern New Jersey, but the military defense representation is worldwide – when necessary, the attorneys travel to wherever the client is stationed.


Monday, May 13, 2013

Opinion on Changing the Military Justice System (Rape and Sexual Assault Cases, UCMJ Article 120)


The drumbeat gets louder in alleged rape and sexual assault cases in the military justice system (UCMJ Article 120)...

With all the uninformed, agenda driven, and knee-jerk calls to change the military justice system to increase prosecution statistics and decrease the fundamental rights of military members in the system, here is an article from Charles "Cully" Stimson and Steven P. Bucci, PhD of The Heritage Foundation that actually cautions restraint:

http://www.heritage.org/research/reports/2013/05/changing-the-military-justice-system-proceed-with-caution

 

Sunday, May 12, 2013

News Article By Michael Doyle, McClatchy DC, on Unlawful Command Influence (UCI) in How the Military Justice System Addresses Allegations of Rape and Sexual Assault (UCMJ Article 120)


This link leads to a news article, authored by Michael Doyle, McClatchy DC, regarding unlawful command influence (UCI) in how the military justice system addresses allegations of rape and sexual assault (UCMJ Article 120):

http://www.mcclatchydc.com/2013/05/09/190855/crackdown-on-military-sex-assault.html#.UY-7irDD_m5
 

Will Anyone in a Position of Civilian or Military Leadership Ever Promote as a Goal the Fairness of the Military Justice in Dealing with Allegations of Rape and Sexual Assault (UCMJ Article 120) Instead of Predetermined Outcomes and Increased Prosecution Statistics??


Military Defense Lawyer (Former JAG Attorney) News:

As I have been writing about over the years, with regard to alleged rape and sexual assault cases (UCMJ Article 120), the broad issue plaguing the military justice system as a whole is the unrelenting external and internal pressure to sacrifice fairness, and the rights of military defendants, for a system governed by misguided public relations pressure.  There is a constant stream of ill-informed rhetoric and ill-advised systemic changes that are focused on increasing prosecution success at the expense of the constitutional principles and protections on which the system was founded. 

This has been seen, for example, in the confusing re-writes to Article 120, UCMJ, that have resulted in Military Judges having to instruct court members contrary to how the law was (unconstitutionally) written and enacted.  It has been seen in the withholding of command disposition authority by SECDEF Panetta, the requested changes to Article 60, UCMJ, by SECDEF Hagel, the new prosecution focused programs being created in the individual military service branches (such as the SVC program in the Air Force) and the messages by members of Congress and military leaders suggesting that the military justice system fails unless sexual assault cases result in complete conviction, harsh sentence and denied clemency. 

The latest example of the attempted high jacking of the military justice system, in a seemingly endless stream of examples, is Senator Claire McCaskill putting a hold on the promotion of USAF Lt Gen Susan Helms because Lt Gen Helms exercised her legal authority and set aside a sexual assault conviction based on her review of the case and her personal and professional integrity as a General Court-Martial Convening Authority. 

If the public could see inside the truth of the military justice system they would be shocked by the disparity between what actually occurs within the system as opposed to the propaganda being spread by those within Congress and military leadership who have an agenda – and that agenda appears not to be ensuring the fairness of the system, but instead to seek increasingly prosecution friendly statistics regardless of the quality of evidence in these cases.

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 Colorado Springs, Colorado and Southern New Jersey, but the military defense representation is worldwide – when necessary, the attorneys travel to wherever the client is stationed.