Monday, May 28, 2018
Friday, May 25, 2018
The Trouble With Presuming Guilt in America...
Civilian Court-Martial Defense Lawyer News:
Here is a Fox News
story of consequence to the military justice system, and allegations of rape
and sexual assault within the system:
Alleged sexual
assault is a complex issue. Many in (perhaps a sincere) effort to help, only
end up making things worse. Here is an example of: (1) how easily a false
allegation can be made without regard to the consequences for the person
falsely accused; (2) how quickly an
innocent person can have their life and reputation turned upside down by a
false allegation; (3) how problematic the
idea is of "start by believing" or, as they briefed in the military,
"believe the victim." I once entered a military court room in which
my client was accused of sexual assault where, right outside the court room,
was a 6 foot sign reading "believe the victim" and that slogan was
also on magnets on every stall in the men's bathroom that the court members
would be using. Of course, the military judge ordered them removed, and my
client was found not guilty in that trial...but, does anyone see the problem
with this? While I know that innocent until proven guilty is only a legal
requirement in America, why are we in America so willing to do just the
opposite outside of court rooms?...Instead, opting to immediately presume guilt
unless innocence is proven? Had this body cam footage not existed, this officer
would be forever branded a rapist in the court of public opinion. And, if he
was tried in court and acquitted, there would be cries of how the justice
system failed and protected a rogue cop who is victimizing members of the
public. Many of you will say a false allegation is just a rare exception...how
about, instead, you just withhold your knee jerk, uninformed, opinions in any
given case, and let the evidence play out? And, how about politicians, advocacy
groups, and the press stop meddling in justice systems, such as in the military
or such as in administrative disciplinary systems in our colleges, based on
this terribly flawed premise that all allegations must be believed, and it is
wrong to provide due process to defend against them?!
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 and see http://militaryadvocate.com/military-offenses/rape-sexual-assault-sodomy/.
We 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: I
(attorney Richard V. Stevens) am a former active duty military lawyer (JAG). My
perspectives and advice, therefore, are based upon my experience as military
defense lawyer and as a civilian criminal defense lawyer 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 for a
free consultation. These military defense law offices are located in the
Northern Florida/Georgia areas, but the military defense representation is
worldwide – when necessary, the attorneys travel to wherever the client is
stationed around the world.
#MeToo deserves due process in the military, By David Struwe
Civilian Court-Martial Defense Lawyers News:
Here is an important observation by a former active duty military (Army) Special Victim Prosecutor. I wish more people in military prosecutor and military leadership positions shared this perspective and worked to try to swing the pendulum back to a neutral position, and then let cases be led by the evidence and the fair search for information on both sides of the case, instead of trying to rig the system...
http://www.smerconish.com/politics/metoo-deserves-due-process-in-the-military/
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 and see http://militaryadvocate.com/military-offenses/rape-sexual-assault-sodomy/.
We 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
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