http://militaryadvocates.com/blog A blog about military law, justice and related matters Mon, 26 Sep 2011 01:29:56 +0000 http://backend.userland.com/rss092 en Here is a McClatchy Newspapers article which takes an in-depth look at the problems with the "new" Article 120 which consolidated many of the sexual assault offenses under the UCMJ in 2007.  The article gives a good overview of some of the problems created by changes to the statute including perspectives from ... http://militaryadvocates.com/blog/2011/09/25/problems-with-new-sexual-assault-article-examined/ Three Marines based in Hawaii have been charged in connection with the suicide of a fellow Marine in Helmand Province, Afghanistan on April 3.  The Marines have been charged with assault, hazing and related offenses.  The government is alleging that Lance Corporal Harry Lew was beaten and hazed by fellow Marines just ... http://militaryadvocates.com/blog/2011/08/29/three-hawaii-marines-charged-in-connection-with-suicide/ The application of the death penalty in the military comes under scrutiny in two articles in the Kansas City Star today.  In the first article, a new study is discussed which purports to have discovered a racial bias in the application of the death penalty in the military.  The second article addresses competency of defense counsel ... http://militaryadvocates.com/blog/2011/08/28/military-death-penalty-in-the-news/ The charges against Army Psychiatrist MAJ Nidal Hasan related to the  shootings at Fort Hood that killed 13 and wounded 30 were referred to a general court-martial, according to Politico and numerous other news outlets.  LTG Donald M. Campbell, the General Court-Martial Convening Authority (GCMCA) referred the case on July 6, and determined ... http://militaryadvocates.com/blog/2011/07/08/fort-hood-shooting-charges-referred-as-capital/ The Supreme Court considered on Thursday whether it will grant certiorari in a medical malpractice case filed by Alexis Witt, the widow of active-duty Air Force Staff Sergeant Dean Patrick Witt who died following medical treatment at Travis Air Force Base, California.  The District Court dismissed the suit and the 9th Circuit ... http://militaryadvocates.com/blog/2011/06/26/feres-on-the-docket-again-maybe/ This is an interesting story about the Army CCA reviewing the case of a former Army translator in Iraq who was court-martialed for an incident in which he stabbed another translator.  The accused translator was a civilian contractor and was prosecuted based on a 2006 amendment to the UCMJ allowing ... http://militaryadvocates.com/blog/2011/06/24/army-court-of-criminal-appeals-considers-court-martial-of-civilian-contractor/ The pentagon has appointed a one-star general as the lead prosecutor for the military commissions at Guantanamo Bay, Cuba.  Army Brigadier General Mark Martins is currently the Rule of Law Field Force Commander in Afghanistan.  He will take over the prosecutor's office in October, and his duties will include leading the prosecution ... http://militaryadvocates.com/blog/2011/06/24/new-gitmo-prosecutor/ Congress has moved a step closer to repeal of Don't Ask, Don't Tell, the policy which prevents openly gay military members from serving and which provides a basis for discharge of members who violate the policy.  The Washington Post, among numerous other news outlets, is reporting that President Obama has ... http://militaryadvocates.com/blog/2010/05/25/a-step-closer-to-repeal-of-dadt/ The third and final court-martial involving allegations that a Navy SEAL assaulted a suspected terrorist concluded today in Norfolk with a military panel finding the accused, P02 Matthew McCabe not guilty of all charges. Two other SEALs were also fully acquitted at separate courts-martial in connection with the same incident. ... http://militaryadvocates.com/blog/2010/05/06/seal-courts-martial-update-ii-third-acquittal/ Two of the three SEALs who turned down an offer of nonjudicial punishment and demanded court-martial in connection with allegations that a high-value detainee was assaulted have been acquitted of the charges against them.   The detainee, Ahmed Hashim Abed is suspected of masterminding the brutal 2004 killings of four American ... http://militaryadvocates.com/blog/2010/05/05/seal-courts-martial-update/