CAAF grants review of Article 120 (2006) lesser included offense issue
Yesterday CAAF granted review in this Army case: No. 18-0347/AR. Michael J. Gonzales. CCA 20130849. On consideration of the petition for grant of review of the decision of the United States Army Court...
View ArticleThe Army CCA finds that digital pictures don’t constitute indecent exposure
In a published opinion in United States v. Williams, __ M.J. __, No. 20140401 (A. Ct. Crim. App. Mar. 30, 3016) (link to slip op.), a three judge panel of the Army CCA splits 2-1 to hold that the...
View ArticleHow strange can private sexual activity be before it’s an “indecent act”?
I’m not sure what adjective to use for the facts of United States v. Jagassar, No. 38228 (A.F.Ct.Crim.App. Feb. 4, 2014) (link to unpub. op.). Appellant pleaded guilty to numerous sexual offenses,...
View ArticleFeminist theory and Article 120
Over at 31(b)log, Jim Clark of TJAGLCS has posted this interesting commentary exploring the impact of feminist theory on the evolution of rape laws.
View ArticleNew, New Art. 120 Guidance From TJAGS
From the folks that brought you the Art. 31(b)log, here is a 9-page primer on the new Art. 120. For anyone that has Lexis-Nexis, just login and it should be free. I think that leaves our baby blue...
View ArticleIs mistake of fact as to consent a defense to a new new Article 120 charge?
That’s the interesting question addressed by this post on the TJAGLCS Crim Law Department’s 31(b)log.
View ArticleToday’s NYT Op-Ed
Today’s NYT Op-Ed focuses on the continuing problem of sexual assault in the military. There have been some recent proposed structural changes to the UCMJ by members of Congress and it looks like more...
View ArticleThe Article 120 amendments: is death a statutorily authorized punishment for...
Congress just removed death as an authorized punishment for the offense of rape of a child in the military as of 28 June 2012. That decision has particular resonance in light of the Supreme Court’s...
View ArticleThe new UCMJ amendments — an overview
The National Defense Authorization Act for Fiscal Year 2012, which President Obama signed on New Year’s Eve, includes amendments to the UCMJ. [The complete text of the UCMJ as amended is available...
View ArticlePresident Obama has signed the DOD Authorization Act for FY 2012
As the Hill reports here, President Obama today signed the National Defense Authorization Act for Fiscal Year 2012, while issuing a signing statement objecting to detention policy provisions in the...
View ArticleThe Revised Article 120
The National Defense Authorization Act for FY2012 (H.R. 1540) contains language that almost-completely revises Article 120, UCMJ. The bill was presented to the President for signature on December 21...
View ArticleArgument Recap: United States v. King, No. 11-0583/NA
CAAF heard oral argument in United States v. King, No. 11-0583/NA, on Monday 12 December. The case questions whether indecent language amounts to indecent conduct in violation of Article 120(k)...
View ArticleMcClatchy article on Article 120 amendments
Here’s a link to a new McClatchy article on the amendments to Article 120 contained in the conference committee’s version of the National Defense Authorization Act for Fiscal Year 2012. Of course, the...
View ArticleThe amazing (new) Article 120
Congress amended Article 120, UCMJ, effective 1 October 2007. This new Article 120, codified at 10 U.S.C. § 920, is really a remarkable piece of legislation. It encompasses 36 offenses, it contains a...
View ArticleMore McClatchy coverage of military sex offense prosecutions
McClatchy Newspapers has posted three more articles about the military’s prosecution of sexual offense cases. See here, here, and here.
View ArticleClik here to view.
Whidbey Island, Article 120, and Fosler: a stream of consciousness
I recently had reason to visit the legal office at Naval Air Station Whidbey Island. I spent two years as SJA at Whidbey Island, and it’s one of my favorite places in the world. The base and...
View ArticleMcClatchy article on Article 120
Michael Doyle and Marisa Taylor of McClatchy Newspapers have written a series of articles on the military justice system. Here’s a link to their latest, which is about the “new” Article 120. Michael...
View ArticleNMCCA Opinions – 1 April 11
The NMCCA released a number of unpublished opinions this week, including the following interesting items: United States v. Lavoy, No. NMCCA 201000586, finding no material prejudice in a 1,601 day...
View ArticleAFCCA upholds Assault Consummated by a Battery as LIO of Rape
AFCCA’s published opinion today in United States v. Aguilar, __ M.J. __, No. ACM 37545 (A.F. Ct. Crim. App. March 30, 2011) started off as a typical sufficiency-of-the-evidence case, but the court...
View ArticlePrather amendment to Military Judges’ Benchbook
An alert reader sent us this change to the Military Judges’ Benchbook in response to CAAF’s opinion in United States v. Prather, 69 M.J. 338 (C.A.A.F. 2011).
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