Military Justice & Discipline Articles

Military Justice and Discipline Domain

Military Justice and Discipline – The purpose of military law is to promote justice, to assist in maintaining good order and discipline in the armed forces, to promote efficiency and effectiveness in the military establishment, and thereby strengthen national security

Spotlight on Stealthing

The growing awareness of stealthing as an act of sexual coercion or violence coupled with the litigation in our allied countries and the push to pass civil recourse for stealthing victims shows that stealthing cases in military or civilian courts are on the horizon.

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Building Rapport

This article will discuss rapport building between the trial counsel and a victim—it will show how a strong relationship can positively affect a case as well as a victim’s experience in the military justice system.

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Scholarly Articles

Members of the Air Force JAG Corps continue to make significant contributions to academic discourse and dialogue, a sample of which is listed below from Calendar Year 2022.

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Military Rule of Evidence 513

This article outlines two C.A.A.F. opinions directly addressing Mil. R. Evid. 513, Mellette and Beauge, and the implications of C.A.A.F.’s decision to allow two Army Court of Criminal Appeal’s opinions, McClure and Tinsley, to stand.

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The Centaur’s Dilemma

The eye-opening moment of The Centaur’s Dilemma comes when you realize you are not only gaining a profound perspective into National Security Law but you also learn how AI implications are in almost every legal practice area.

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Combating Vicarious Trauma

Mitigating vicarious trauma requires a comprehensive strategic plan that calls for the JAG Corps to develop and implement policies and initiatives to identify and mitigate vicarious trauma and its effect on Department of the Air Force military judges, litigators, and paralegals.

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Episode 52: 2021 Military Justice Update

In this special edition of the podcast, Major Ryan Brunson and Major Jessica Delaney educate explain some of the recent, pertinent changes to military justice and how those changes impact legal offices and practitioners.

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Decrypting Bitcoin and Blockchain for Military Lawyers

The military, logistics, and healthcare are only a few examples of the industries that have begun incorporating blockchain technology to improve operations. Legal practitioners must begin paying more attention to this quickly evolving technology. This article should serve as a cryptocurrency primer

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Article 6b Representative

This article discusses the statutory guidance for Article 6b representatives, the role of such representatives, practical considerations for appointing designees, and whether the representatives add value.

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Confidential Informants

This article discusses the delicate balance between law enforcement’s interests in protecting the identity of CIs and a military accused’s Constitutional and Statutory rights where “Congress intended more generous discovery to be available for military accused."

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Making Your Case with Witness Testimony

Considering the decisive effect witness testimony has on the outcome of a trial, preparing witnesses for testimony and improving direct examination techniques will pay dividends for your case presentation.

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Show Me The Money

While the Right to Financial Privacy Act (RFPA) used to be inapplicable to military practice, this article shows the new pre-referral compulsory process authorities likely make RFPA applicable in military courts-martial practice.

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Peru’s Transition to an Adversarial Military Justice System

We sometimes take for granted how well our justice system works and what it means to have a fully functional JAG Corps. Our partner nations do not have such a system or such a JAG Corps. They want what we have.

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Admitting Hearsay

This article summarizes the Air Force’s current guidance with respect to the admission of hearsay at administrative discharge proceedings.

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The Procedural Guide

The procedural guide is an important step in the triggering of legal ramifications for both the accused and the government. Incorrect completion and reading of the procedural guide could have drastic consequences and result in needless litigation.

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Avoiding Voir Dire Pitfalls

This article will provide guidance and some best practices you can employ when preparing for voir dire in the military courtroom.

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Administrative Investigations and Non-judicial Punishment in Joint Environments

Intended to be an initial reference when conducting investigations or shepherding NJPs in a joint environment. By flagging the most salient distinctions between the services’ rules, our goal is to help the JAG practitioner keep an eye out for potential pitfalls.

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R.C.M. 905(e)’s New, Incomprehensible Standard

This article examines the historical context of R.C.M. 905, its newly enacted standard, and recommends changes to conform more closely to federal civilian practice.

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“Why We Fight”

What good is being a subject matter expert in the administration of military justice if you cannot convince your colleagues, your commanders, and when it comes down to it, the court-martial members, that your application of the law is not only the correct one, but the just one.

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Military Sexual Assault Testimony

The following describes a specific case where the federal officer removal statute was implicated through the creative use by civilian counsel. This article sets forth considerations that JAGs should consider when analyzing a case that implicates multiple jurisdictions.

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How to Achieve Success in Federal Magistrate Court

Beyond the relevant AFI, there is little Air Force guidance available to JAGs on the administration and prosecution of magistrate court cases. This article identifies four practical ways JAGs can achieve success as SAUSAs in federal magistrate court ...

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Fighter Feedback

Pilots use the post-sortie debrief as an immediate opportunity to draw out errors that occurred during the sortie … and internalize the lessons to prevent future reoccurrence. JAGs should adopt the post-sortie debrief methodology following courts-martial to improve trial litigation skills.

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The Court-Martial of Private Vasily Shabunin

By the summer of 1866, Leo Tolstoy had been working on his titanic novel, War and Peace, for three years. During that midpoint of his work, Tolstoy’s masterpiece was briefly distracted by two men who visited his family estate and asked for his assistance. The men were junior officers from the 65th

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2023 (23)
2022 (29)
2021 (36)
2020 (31)
2019 (24)