Category Archives: Military Law
Let Them Speak: Direct Examination of Witnesses
The burden of proof at a court martial is on the prosecution: if they can’t prove to the panel beyond a reasonable doubt that you committed the crime you’re accused of, you’ll go free. This simple fact determines the structure of the trial proceedings. After opening statements from both sides, the prosecuting attorney will… Read More »
Opening Statements: The Story Begins
Popular culture reveres the closing argument. Movies like My Cousin Vinny or A Time to Kill emphasize the importance of the closing statement. Who can forget “now imagine she’s white”? The entire courtroom stops; the judge is touched by emotion, and the jury is in tears. This isn’t how it works in real life…. Read More »
Voir Dire and Panel Selection
After your arraignment and motions hearings, and after the court has decided what kind of evidence it will and won’t allow, your trial officially begins with the selection of your panel. As we noted earlier the panel—the military’s term for jury—consists of eight servicemembers of your own rank or higher selected from a pool… Read More »
The “He Has Done It Before Rule”
Generally speaking, the rules for a court martial do not allow prosecutors to introduce as evidence other crimes committed by the defendant in the past. Military Rule of Evidence 413 is an exception. Rule 413 says that accusations of prior sexual misconduct can be admitted at a sexual assault court martial as evidence of… Read More »
The Rape Shield Law
Servicemembers charged with sexual assault need to know about Military Rule of Evidence 412, known as the Rape Shield Law. Rule 412 is designed to protect the privacy and dignity of victims of sexual assault by ruling evidence about the accuser’s sex life that isn’t strictly relevant to the charged offense inadmissible. Your accuser… Read More »
Two Hearings: Arraignment and Motions
The court martial is under way. First up: Two pre-trial hearings and the beginning of the discovery phase, where each side shares its evidence with the other and builds its case. We’ll talk about discovery in the next post. In this one, we want to discuss the two pre-trial hearings. The Arraignment Hearing The… Read More »
Your Rights at the Article 32 Hearing
The Article 32 hearing is a crucial juncture on the way to a general court martial, and what happens there has significant consequences. Fortunately, Article 32 of the Uniform Code of Military Justice (UCMJ) guarantees important rights for the accused. The Right to be Prepared To ensure you’ll have the information you need to… Read More »
The Article 32 Hearing
If you’ve been charged with sexual assault or an equally serious offense, you’re probably facing a general court-martial. Article 32 of the Uniform Code of Military Justice (UCMJ) requires a preliminary hearing, known as the Article 32 hearing, before a general court martial can proceed. It also guarantees several important rights for the accused…. Read More »
Preferral of Charges
An accusation of sexual (or other) misconduct by an active-duty service member kicks off a series of actions: your personnel file is flagged, essentially putting your career on hold; you may be placed in some form of restraint or confinement; and the investigation of the allegation begins. If military investigators conclude that the accusation… Read More »
Military Investigations: Your Attorney’s Role
While law enforcement works to verify your accuser’s version of events, your attorney should be working to verify yours. When this is done properly, your legal team will be ready to refute the prosecution’s narrative and set the record straight throughout the case and at trial. One word of caution: Do NOT conduct this… Read More »
