201704.10
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Cell Phone Decryption

The Court of Appeals for the Armed Forces (CAAF) recently heard oral argument in a case that has the potential to affect every Soldier.  In United States v. Mitchell military criminal investigators compelled SGT Mitchel to unlock and decrypt his personal iPhone by entering his passcode.  The investigators then used the information from the phone to…

201703.31
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The Decision to Testify or Not

When a Soldier chooses not to testify in a court-martial, it should not come at a price.  In fact, the military judge will instruct the court-martial panel members that they may not draw any adverse inference from a Soldier’s decision not to testify.  However, it is only human to expect that an innocent Soldier would want to deny guilt,…

201703.30
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Larceny Offense Under Article 121

Larceny is an offense under Article 121 of the Uniform Code of Military Justice.  It is an offense that must involve tangible personal property.  Article 121 lists the objects which can be the subject of larceny as “any money, personal property, or article of value of any kind.” Intangible items cannot be the subject of…

201703.28
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Article 120 Court-Martial Cases

The Army prosecutes military sexual crimes under Article 120 of the Uniform Code of Military Justice.  Each month, the Army releases information on court-martial cases.  The following are the Article 120 court-martial cases for the month of February that resulted in a conviction on at least one offense: Joint Base Elmendorf-Richardson Court-Martial: On 02 February 2017,…

201703.27
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Court-Martial Acquittals for February

The Army released the following acquittal information for the month of February: Fort Benning Court-Martial: On 01 February 2017, at a general court-martial, a Staff Sergeant was acquitted by a military panel composed of officer and enlisted members of three specifications of rape of a child and three specifications of sexual abuse of a child…

201703.27
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Court-Martial Results for Two Soldiers in 25th ID

The Office of the Staff Judge Advocate for the 25th Infantry Division posted the results in two separate court-martial cases dealing with Article 120: –  At a general court-martial convened at Fort Bragg, North Carolina, on January 31, a specialist with the 25th Infantry Division was convicted by a military judge, pursuant to his pleas, of one specification of rape…

201703.24
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Bergdahl’s Military Criminal Defense Team

According the Fox News, the military criminal defense team for Bowe Bergdahl is making another attempt at dismissing the charges against their client: Attorneys for accused Army deserter Bowe Bergdahl took their third shot Thursday at getting his case tossed, once again arguing that President Trump blew their client’s chance of a fair trial when…

201703.23
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False Official Statement Offense

False Official Statement: The purpose of Article 107 is to protect governmental departments and agencies from the impact of deceptive practices.  A physical act or nonverbal conduct intended by a Soldier as an assertion is a “statement” that may form the basis for a charge of making a false official statement under Article 107. Formerly,…