When does it apply? Service personnel enjoy double jeopardy protections under the UCMJ’s Article 44. These protections are utilized once evidence is presented for court-martial against the service member. In civilian courts, the protections begin when the jury is in place or (if there is no jury) it swears in the first witness. Once this happens, the service member has…
What is a war crime? It may seem like there are no rules once war is declared. Because of the violent, competitive nature of war, it can be hard to image what a crime might look like in that context, but there are distinct categories of war crimes. Although there is no single document codifying all war crimes in one…
Article 99 Article 99 of the UCMJ lists several actions that could result in “misbehavior before the enemy,” which include: Running away Abandoning or surrendering a team or property that you are supposed to defend Endangering others or property through disobedience, neglect or misconduct Casting away arms or ammo Committing cowardly conduct Quitting your place of duty to plunder or…
What to look for in a potential military lawyer When considering who to represent you, you should consider: Experience: Every area of law has nuances, pitfalls and challenges. An inexperienced attorney will not be able to navigate this complicated legal landscape as well. Make sure any lawyer you hire has been around a while handling military law. Success: There is…