Military Law Resources
MILITARY JUSTICE REFERENCES:
- 2019 Manual For Courts-Martial
- 2016 Manual For Courts-Martial
- 2014 Manual For Courts-Martial
- Army Enlisted Separations
- Army Officer Separations
- Air Force Enlisted Separations
- Air Force Officer Separations
- CAAFlog
- Prominent Military Law Websites
Military Law Videos on frequently Asked Questions
Videos: Military Sexual Assault & Article 120 UCMJ
- Victim Motive & False Sexual Assault Allegations
- How Fake Apologies Can Be Used Against You in a Military Court-Martial
- What to do if someone makes false sexual assault accusations against you
- Sloppy Military Investigations
- Woke Military Justice – Woke Military Prosecutors
- How Common are False Accusations of Military Sexual Assault
- Coping with False Accusations of Sexual Assault & Domestic Violence
- How to Avoid Black Widows & False Accusations
- Woke Military Justice: Is Wokeness a problem
- Tinder Red Flags for Guys: Avoid Crazies & False Sexual Assault Accusations
- False Accusations & Histrionic Personality Disorder
- Borderline Personality Disorder & False Accusations in Military Sexual Assault Cases
- My Son Was Falsely Accused of Military Sexual Assault: What Should I Do?
- Military Sexual Assault Defenses: Mistake of Fact Explained by Military Defense Lawyer
- False Allegations of Sexual Assault in the Military & Why Are They So Common?
- Collateral Consequences of Sex Offender Registration?
- Military-Political Correctness & the Fall of Afghanistan
- Why the Military Justice System is Broken? Fake Military Sexual Assault Cases are Common
- Are you involved in a Cyber Sting or To Catch a Predator Sting in the Military?
- Falsely Accused of Sexual Assault? What to Do If It Happens to You
- Should the Military Defense Attorney Interview Sexual Assault Court Martial Victims?
- Fake Rape Victim Exposed in Open Court
- Legality of Child Pornography – Is Cartoon pornography illegal?
- MRE 412 – Military Sexual Assault & the Rape Shield Law
- Defending False Sex Assault Allegations in the Military
- Alleged Victim’s BAH Fraud Exposed at Trial
- Can You Have Sex with Someone You Outrank?
- Is Drunk Sex a Crime in the Military?
- Why was Bill Cosby released from prison? Bill Cosby’s Constitutional Rights violated by #metoo
Videos: Court Martial Questions
- Real Costs of a Court Martial Conviction and Discharge
- Representing Guilty Clients? How do defense lawyers sleep at night?
- Can I Back Out of a Military Plea Deal at a Military Court Martial?
- Can I Resign My Commission if I am Facing a Military Court Martial?
- How a Dishonorable Discharge Can Ruin Your Life
- How Long Does A Military Court Martial Trial Last?
- What is the Standard of Proof at a Military Court Martial?
- Strategies to Avoid UCMJ
- What happens if I lose a military court-martial?
- Should I Go with a Judge Bench Trial or Jury in a Military Court Martial Trial?
- Why an Average Military Defense Lawyer is Not Good Enough
- Is a Court Martial a Search for the Truth?
- Why the Article 32 Can Hurt Your Court-Martial Case
- How Prosecutors Use the Article 32 to Get Convictions
Videos: Military Investigations
- Should I Let the Police Search My Phone if I Am Innocent?
- US Military Pilots Could be Charged for Afghani’s that Fell to Death at Kabul Airport
- Under Military Investigation? Tips to Avoid a Court Martial
- How Long Should a Military Investigation Last?
- Should I talk to the Police if they Suspect Me? NO! Military Defense Lawyer Explains Why
- Can You Outsmart CID, NCIS, & OSI?
- When Do I Hire a Civilian Court Martial Lawyer?
- Don’t let the police search your phone (without a warrant)!
- Can Harassing Military Investigators Hurt Your Case?
Videos: Hiring a Military Defense Lawyer
- Why Hiring a Lawyer Early On Gives You an Advantage
- When do I get a Free JAG Military Defense Lawyer if I am Accused of a Military Crime?
- Does Hiring a Military Defense Lawyer Make Me Look Guilty?
- Why Hire a Civilian Court Martial Attorney in a Military Case?
- What Should I Do If Accused of a Military Crime?
Videos: General Military Law Questions
- Does a military conviction go on my civilian criminal record?
- Can I Get a Court Martial Conviction Expunged from my Record?
- Discharges in Lieu of Court-Martial
- Is there Double Jeopardy in the Military Justice System?
- Sentencing in Military Courts-Martial Cases
- Can I Own a Gun if I am Convicted at a Military Court Martial?
- Can I own a gun if I received non-judicial punishment in the military?
- How Top Criminal Defense Lawyers Pick Their Clients
Videos: About Our Military Law Firm
- Firm Overview – González & Waddington Attorneys at Law
- Attorney Michael Waddington on “Success Today” TV Show
Videos: Administrative Separations
- How to Win Military Discharge Boards
- How Can I Avoid an Other than Honorable Discharge in the Military?
Videos: Court Martial Trial Advocacy
- Cross-Examination Techniques – Part 1: Controlling Difficult Witnesses on Cross-Examination
- Cross-Examination Techniques – Part 2: Controlling Difficult Witnesses on Cross-Examination
- Cross-Examination Techniques – Part 3: Controlling Difficult Witnesses on Cross-Examination
- How to Cross Examine an Expert Witness in a Military Court Martial
- Kick-Ass Closing Arguments for Criminal Defense Lawyers
- NACDL’s Pattern Cross-Examination for Sexual Assault Cases
- Kick-Ass Closing Arguments – Closing Arguments Examples
Videos: Trial Advocacy & Cross-Examination Techniques
- Closing Arguments Examples: Kick-Ass Closing Arguments Part 1: Closing Argument Template
- Pattern Cross-Examination for Sexual Assault Cases
- Pattern Cross-Examination of Expert Witnesses
- Pattern Cross-Examination for DNA and Biological Evidence
Military Rule of Evidence – MRE 412 “Rape Shield Law”
- MRE 412 Statute
- Specific Instances of Sexual Conduct
- Exceptions to MRE 412
- Requirements for Admission of MRE 412 Evidence
- Military Rules of Evidence 412 – Requirements for admission
- Procedural Issues with MRE 412
- Military Rule of Evidence – MRE 413 & 414 Evidence of Similar Crimes in Sexual Assault & Child Molestation Cases
- MRE 413 & 414 Background
- MRE 413 & 414 Statutes
- Scope of MRE 413 & 414
- Elements to be Established for MRE 413 & 414
- Judicial Instructions for MRE 413 & 414
- Elements to be Established
- Famous False Sexual Assault Allegations
- Article 120 Abusive Sexual Contact MCM 45b(8)
Sex Assault Crimes in the Military
- Hiring the Best Military Defense Lawyers for a Court-Martial
- False Sexual Assault Allegations in the Military
- Military Defense Lawyers Can Help if You are Accused of Military Sexual Assault
- Wrongful Convictions in Military Sexual Assault Cases
- Defending Alcohol-Facilitated Sexual Assault in the Military
- Military Sexual Assault Defense Lawyers
- Military Law Enforcement Interrogation Techniques & False Confessions
- Revisions to the U.C.M.J. in 2007
- Rape MCM 45 (b)(1) – Rape in the Military
- Aggravated Sexual Assault MCM 45b(3) – Article 120 UCMJ
- Aggravated Sexual Contact MCM 45b(5) – Article 120 UCM
- Abusive Sexual Contact MCM 45b(8) – Article 120 UCMJ
- Wrongful Sexual Contact MCM 45b(13) – Article 120 UCMJ
- Indecent Act & Indecent Exposure
- Forcible Pandering or Forced Prostitution MCM 45b(12)
- Possible Punishments at a Military Court-Martial
- Military Sexual Crimes Involving Children
- Affirmative Defenses in Military Sexual Assault Cases
- Why Do People Make False Sexual Assault and Rape Allegations in the Military?
- Polygraph Test Accuracy in Military Sexual Assault Cases
- Alcohol Blackouts and Military Sexual Assault
- Defending False Sex Assault Allegations in the Military
- New Law to address Military Sexual Harassment and Sexual Assault
- Sexual Assault and Alcohol in the Military and College
Sexual Harassment in the Military: The Proposed UCMJ Article 120d
ROTC Disenrollment
Legal Defenses in Military Court
- Special Defenses & Other Defenses
- Accident Defense
- Defective causation & Intervening cause
- Duress or Coercion
- Inability and Impossibility
- Entrapment
- Self-defense
- Defense of another
- Intoxication
- Necessity or Justification
- Mistaken belief, mistake of fact, or Ignorance
- Alibi
- Voluntary abandonment
- Statute of Limitations
- Former jeopardy – Double Jeopardy
- Miscellaneous Defenses
Miscellaneous Military Law Topics
- Types of Courts-Martial
- Expungement of Military Arrest and DNA Records
- Resources for accessing and fixing military service and medical records
- Levels of Classification Information in a Court-Martial
- Voir Dire in Military Courts
- Article 31(b) Rights in the Military Justice System
- Fraudulent enlistment, appointment, or separation under the UCMJ
- Exclusionary Rule Exceptions: Independent Source
- Search and Seizure Authorization and Probable Cause in the Military Justice System
- Military Rules of Evidence that Codify Fourth Amendment Principles
- What is the US Military Court-Martial System?
- What Is A Summary Courts-Martial in the Military
- Military Legal Resources and Links
- Possible Punishments at a Military Court-Martial
- Fraternization Under Article 134 of the UCMJ
- Military Extraterritorial Jurisdiction Act (MEJA)
- Larceny and Wrongful Appropriation under Article 121, UCMJ
- Search warrant Exception: Attenuation of Taint
- Maximum Punishment Chart for Article 120 Sex Crimes as of 1 Oct 2007
- Admonitions and Reprimands in the Military
- Release of Information – Military Justice and Disciplinary Actions
- Procedural Safeguards in a Court-Martial
- Charges and Specifications in a Military Court Martial
- Execution of a Court-Martial Sentence
- What are Crime Victim Rights in a Military Court Martial Sentencing Proceeding?
- Using an Expert Witnesses in the Military
- Witnesses in a Military Court-Martial
- Abatement of Confinement
- Cut-off Levels for Military Drug Tests
- Execution of Sentence. UCMJ, Article 71
- Retroactive Effect of Crawford v. Washington
- Court-Martial Case Results
- Non-judicial Punishment and Appeals
- UCMJ – NJP maximum punishment cheat sheet
- Offenses against the person. UCMJ Articles 128, 120a, 134
- Military Rule of Evidence 504. Husband-Wife Privilege
- The lawfulness of military orders under the UCMJ
- Seizure of Property under Military Law
- Accused’s Rights in a Military Court-Martial
- Courts-martial, crimes, and punishment
- Search and Seizure Exclusionary Rule Exception – Inevitable Discovery
- What Statements are “Testimonial”?
- Types of Court Martial Offenses
- The General Article – UCMJ Article 134
- Article 32 Pretrial Investigation
- How law enforcement looks at elements of crimes
- Pretrial Advice in the Military Justice System
- Interviewing Witnesses for a Court-Martial
- Drills for Interviewing Witnesses
- Article 31(b) Rights in the Military Justice System
- Overlay of Victim Witness Program in the Military Justice System
- Pretrial Agreements and Negotiations
- Pretrial flowchart
- Cross-Examination Techniques with Example Cross-Examinations
- Searches & Seizures
- Authorization and probable cause
- Probable Cause
- Seizure (Apprehension) of Persons
- Seizure of Property
- Automobile Exception
- Consent Searches
- Administrative Inspections
- Emergency & Inventory Searches
- Searches for Medical Purposes and School Searches
- Stop and Frisk
- Exigent Circumstances
- Searches Incident to Apprehension
- Exclusionary rule and exceptions
- Exception: Attenuation of Taint
- Exception: Good Faith
- Exception: Impeachment
- Exception: Independent Source
- Exception: Inevitable Discovery
- Government Action
- Reasonable Expectation of Privacy (REP)
- The Fourth Amendment in the Military
- Motions, Burdens of Proof, and Standards of review
Military Sexual Assault Victim Information
- Rape Trauma Syndrome and Military Sexual Assault Cases
- Military Rape Victim Behavior
- Rape Culture and Military Sexual Assault
- Sexual Assault and Alcohol in the Military and College
- Expungement of Military Arrest and DNA Records
- Combating Military Sexual Harassment and Sexual Assault
- Rape Victim Behavior in the Military
- Rape Trauma Treatment for Victims of Military Rape
- Counseling For PTSD for Victims of Military Sexual Assault
- Trauma Caused By Military Sexual Abuse
- Resources For Sexual Assault Survivors
Court-Martial Personnel
- Court-martial personnel
- Accused
- Appendix – pretrial flowchart
- Accuser Disqualification
- Acting Commanders/successors in command
- Challenges to the panel selection process – criteria used by convening authority
- Convene What?
- Enlisted Members
- Panel Selection Issues
- Power to Convene
- Сhallenges to the panel selection process – criteria used by convening authority
- Counsel
- Levels of courts-martial
- Military Judges
- Disqualification – conduct of trial & judicial advocacy
- Disqualification – “bridging the gap” sessions
- Expanded Powers and Remedial Action
- Military judge disqualification – ex parte communications conduct outside of court
- Military judge disqualification – judicial exposure
- Qualifications
- Other Court-martial personnel
- Panel members
- Disqualification – mechanics
- Enlisted Members
- Members can call and question witnesses
Guilty Pleas in the Military
- Military Guilty Pleas Overview
- Acceptance of Pleas and Entering Findings
- Conditional Guilty Pleas under RCM 910(a)(2)
- Pleading Procedure- Guilty Plea and Providence Inquiry
- use of Guilty Plea in Mixed Plea Cases
Discovery and Expert assistance under the UCMJ
- Appointment and Production of Expert assistance
- Appointment and Production of Expert Witnesses
- Discovery and trial advocacy
- Defense Discovery Responsibilities and Requests
- Disclosures or notices made upon government request (not based on reciprocity)
- Mandatory disclosure or notice requirements for defense counsel
- Disclosures made upon government requests (based on reciprocity)
- Discovery in the Military Justice system
- Government requests for discovery
- Mandatory disclosure or notice requirements for trial counsel
- Introduction to discovery in the military
- Duty to preserve evidence
- Enforcement
- Regulation of production of witness and evidence under the UCMJ
- Regulation of Discovery
- Protective and modifying orders
- Remedies for Nondisclosure
Court-martial appeals under the UCMJ
- Military Court-Martial Appeals
- Action by Convening Authority. Article 60, UCMJ; RCM 1107
- Action by the Judge Advocate General. Articles 66 and 69, UCMJ; RCM 1201
- Requirements for action on a court-martial sentence
- Appeals. Deferment of confinement
- Assertions of Ineffective Assistance of Counsel
- Claims of post-trial cruel and unusual punishment
- Deferment of forfeitures
- Effectiveness of Military Defense Lawyers in the Post-trial Area
- Who may act – the person who convened the court
- General considerations
- Action on findings not required but permissible
- Action on sentence must
SEXUAL ASSAULT DoD RESOURCES:
- ARMY SHARP
- MARINE CORPS SAPR
- NAVY SAPR
- AIR FORCE SAPR
- COAST GUARD SAPR