Changes To The Manual For Courts-Martial Approved

Over the last few years, the Manual for Courts-Martial has undergone a series of seemingly never-ending changes. This year’s installment of changes has been approved.​For the non-lawyers, changes to the Uniform Code of Military Justice occur through Congressional action. The UCMJ is a statute. The President, however, can enact changes to the Manual for Courts-Martial and Rules for Courts-Martial through Executive Order. Usually, changes to the manual include updates to reflect new case law from the appeals courts or changes to the rules to reflect policy goals (e.g. rules for sexual assault cases).This year’s installment has the following major changes that this firm finds important:Rule for Court-Martial 307 (c) – Requires Article 134 offenses to include specific notice of the alleged terminal element. This is simply a reflection of recent appellate case law. Article 134 offenses are crimes that are prejudicial to good order and discipline or service discrediting. There was a time – not long ago – where prosecutors did not include either of the elements of prejudice to good order and discipline or service discredit in the charge sheet. It was anybody’s guess which element they would try and prove. Now they are required to charge the “terminal element.”Rule for Courts-Martial 307 (c)(4) – This rule provides clarification on the distinctions between unreasonable multiplication, multiplicity, and punishment limitations. The short version is that military prosecutors like to charge crimes as many different ways as they can to enhance the possible punishments. It’s borderline dishonest, but there are ways to deal with it.Rule for Courts-Martial 701 and 703 – This rule requires defense lawyers to request victim interviews through the victim’s counsel in sexual assault cases. Bottom line – I rarely talk to victims anymore before trial. Here’s why: I have a competitive advantage on cross-examination. I’ve litigated over 100 trials. By the time, we’re in court, the alleged victim has never seen me or spoken to me. She has no idea what to expect. It’s a philosophy carved out over a decade of experience. In my early days, I would interview an alleged victim before trial and she would know what to expect and modify her story accordingly. I don’t need any practice rounds – but she will.

Categories

Related Posts

  • How We Win Against False Sexual Misconduct Accusations

    Nov 27

    Accusations In an era of increasing false accusations, the fight for a fair and just trial begins before you enter the courtroom. With the odds stacked against you, you can’t risk retaining anything less than a proven military sexual assault defense lawyer. Daniel Conway & Associates are proud to stop at nothing to defend those...

    View Article
  • Defending Against Sexual Assault Charges in the Military: Legal Considerations

    Jun 13

    Sexual assault is a grave issue that affects individuals across all walks of life, including the military. In recent years, there has been a growing emphasis on addressing sexual assault within military ranks, promoting a culture of prevention, support for victims, and holding perpetrators accountable. However, it is equally crucial to ensure that individuals facing sexual...

    View Article
  • Air Force Military Training Instructor Sexual Assault Conviction at Lackland AFB Set Aside by Appellate Court – US V. Hills and US V. Silva

    Jul 26

    Attorney Daniel Conway is a partner in the firm. He has published a Handbook of Military Crimes and Offenses. He has also been featured by nearly every major national news organization. Mr. Conway lives in San Antonio. In 2015, an Air Force Military Training Instructor was convicted of sexually assaulting a trainee. Dozens of Airmen...

    View Article