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Court Martial Index

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70 questions
What Are the Collateral Consequences of a Court-Martial Conviction for Servicemembers?

The sentence a court-martial announces in the courtroom is rarely the whole punishment. Long after any confinement ends and any forfeiture stops, a court-martial conviction keeps shaping a person's life...

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How Do the Military Rules of Evidence (MRE) Operate in Courts-Martial?

Whether a confession, a forensic report, a text message, or a complaining witness's prior history reaches the factfinder at a court-martial is decided almost entirely by one body of law:...

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How Does the UCMJ Address Drug Offenses in the Military?

A service member who tests positive on a routine urinalysis is rarely surprised by the test itself, but is often surprised by how much legal weight a single laboratory report...

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How Does the Attorney-Client Privilege Operate in Military Courts?

A service member suspected of an offense often finds that the lawyer assigned to defend them wears the same uniform, holds a military rank, and draws a paycheck from the...

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How Does the Sentencing Phase of a Court-Martial Proceed?

A finding of guilty does not end a court-martial. It opens a second, separate proceeding whose only question is what the punishment should be, and for offenses committed in the...

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What Is a Summary Court-Martial and What Rights Does the Accused Retain?

The summary court-martial is the least formal trial forum in the American military justice system, but two features make it genuinely unusual rather than merely small. First, an accused service...

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Military Protective Orders and Restraining Orders

When a service member is accused of domestic violence, stalking, or sexual assault, a protective order can land on them within hours, often before any charge is preferred. The order...

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What Pretrial Confinement and Restraint Options Exist in the Military Justice System?

A service member can be locked up before any court has heard a word of evidence, on the order of a commander rather than a judge. That fact unsettles people...

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DUI and Alcohol-Related Offenses Under the UCMJ

A drunk-driving arrest off base does not stay a civilian problem for a service member. The same night's conduct can be answered for in a state courtroom, a federal courtroom...

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What Pretrial Agreements (Plea Bargains) Are Available in the Military Justice System?

Most courts-martial never reach a contested verdict. They end in a negotiated guilty plea, and the instrument that makes that possible is the plea agreement. For a service member weighing...

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How Do Other Countries Structure Their Military Justice Systems Compared to the United States?

Almost every country with a standing military keeps some separate machinery for disciplining its forces, but the design choices behind those systems differ sharply. The most useful way to read...

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How Does the Military Justice System Handle Cybercrime and Technology-Related Offenses?

A service member who copies a classified file to a thumb drive, accesses a network they were not cleared to use, or forwards a private sexual image of a colleague...

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What Major Reforms Has Congress Enacted to the Military Justice System in Recent Years?

A service member or family member who reads a court-martial guide written five years ago will find a system that no longer exists in several important respects. Who decides to...

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Obstruction of Justice Under the UCMJ

Obstruction charges rarely arrive alone. They tend to attach to a primary allegation as a second specification, built from what a service member did after learning an investigation had started:...

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What Is the Convening Authority’s Role in the Court-Martial Process?

No figure in military justice has historically held a portfolio of powers quite like the convening authority. A single commander could order a trial into existence, decide which charges went...

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How Does Court-Martial Jurisdiction Over Civilians and Contractors Operate?

A civilian who works alongside the armed forces overseas can break the law in a place where the host country declines to prosecute, no American civilian court sits, and the...

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Victims’ Rights and the Special Victims’ Counsel Program in Military Justice

For most of the twentieth century, a person harmed by a crime in the armed forces had no lawyer of their own inside the case. The trial counsel, the uniformed...

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Military Justice in Deployed and Combat Environments

A service member who commits an offense at a stateside barracks and one who commits the same offense at a remote outpost in a war zone are subject to the...

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What Is the Article 31 Warning and How Does It Differ from the Miranda Warning?

A service member can be advised of the right to remain silent in situations where a civilian, standing in the same shoes, would receive no warning at all. That gap...

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How Do Search and Seizure Rules Apply in the Military Context?

A service member returning from a deployment, living in a barracks room, parking a car on post, or carrying a government laptop occupies a legal space that looks familiar from...

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