Military Court-Martial Lawyers
  • Court-Martial Lawyers
    • The Court-Martial Process >
      • General Court-Martial
      • Impeachment Techniques
      • Special Court-Martial
      • Right to Counsel
      • Military Jury Selection
      • Right to a Speedy Trial
      • Your Rights >
        • The Military Rules of Evidence >
          • MRE 311 - Searches and Seizures
          • MRE 412 - Victim's Prior Behavior
          • MRE 413 - Accused's Prior Behavior
          • MRE 613 - Prior Inconsistent Statements
          • MRE 801 - Hearsay
          • MRE 803 - Common Hearsay Exceptions
          • MRE 807 - Residual Hearsay
        • Military Motions Practice >
          • Affirmative Defenses
          • Failure to State an Offense
          • Motion to Suppress Involuntary Statements >
            • Article 31 UCMJ
          • Motion to Suppress - No Rights Advisement
          • Unlawful Command Influence
          • Motion to Change the Location of Trial
          • Unreasonable Multiplication of Charges
        • Court-Martial Consequences
        • Sex Offender Registration
        • Military Protective Orders
        • Family Advocacy Program
      • Right to Experts
      • Release from Pretrial Confinement
    • Military Sexual Assault Lawyer >
      • Substantial Incapacitation >
        • Blackouts
    • Failed Urinalysis >
      • Innocent Ingestion
      • Drug Detection Windows >
        • Cocaine Factsheet
        • Marijuana Factsheet
        • Diazepam Factsheet
        • Morphine and Heroin Factsheet
        • Methadone Factsheet
        • Methamphetamine Factsheet
      • Command Urinalysis Program
      • Performance Enhancing Drugs
    • Article 80 Attempts
    • Article 81 Conspiracy
    • Article 118 Murder
    • Article 128 Assault >
      • Maltreatment
      • Theft and Larceny Cases >
        • Article 132 Frauds Against the United States
      • Parental Discipline Cases
    • AWOL and Desertion >
      • Article 85 Desertion
    • Article 133 Conduct Unbecoming
    • Disrespect Offenses >
      • Failure to Obey an Order
    • Article 107 False Official Statements >
      • Obstruction of Justice
    • Pornography Cases
  • Court-Martial Appeals
    • Petitions for a New Trial
    • Legal and Factual Insufficiency of the Evidence
    • Summary Court-Martial
    • Multiplicity in the Military
    • Sentencing Severity
  • Security Clearances
  • Medical Cases
    • Health Care Providers
    • Post Traumatic Stress
  • Military Law Blog
  • Notable Cases
    • My Lai
    • Abu Ghraib
    • Haditha
    • Maywand District Murders
    • US v Scott
    • MARSOC
  • Military Case Results
  • Attorneys
    • Gary Myers
    • Daniel Conway
    • Brian Pristera
    • Lauren Johnson-Naumann
    • Joseph Galli
  • Military Law Videos
  • Free Initial Consultation
  • Military Law Search

The Brief 

​News, insights, and information on all things related to military criminal defense.

Spence's Op'ed in USA Today

11/29/2015

Comments

 
Garry Spence authored an interesting op-ed in USA Today.  I attended the Death Penalty Seminar at Spence's Trial Lawyers' College.   He is, without question, one of the great defense attorneys of our time.

http://www.usatoday.com/…/killer-cops-loose-poli…/76216998/…

I have very little to disagree with in Spence's op-ed.  He cites to Mullenix v. Luna. http://www.supremecourt.gov/opinions/15pdf/14-1143_f20h.pdf

Luna was a case involving a drunk driver fleeing in his vehicle.  The driver called dispatchers and threatened to fire his gun.  Police officers set up spike strips.  Officers in pursuit were ordered not to fire at the vehicle.  Barely one second before the vehicle hit the strips, a police officer fired 6 shots into the car killing the driver.  Every judge that heard the case refused to extend qualified immunity to the officer - until it reached the Supreme Court.

I've spent a decade thinking about 4th Amendment jurisprudence and how it might successfully apply to service members (eg: qualified immunity).  In the Haditha case we were leading the charge trying to create new protections for military warriors.  The 4th Amendment doesn't need a re-write, nor does the concept of qualified immunity. First, there needs to be some organization to how and by whom the decision to use force is judged.  This is true both in the civilian world and the military system of justice.  Mob indictments by prosecutors joining protesters is not the answer. And yes - the police need to do a better job of policing their own. In nearly every case, the accused officers presented red flags that questioned why they were still on the street.

Perhaps it's time that we - as lawyers - start thinking about how we can adapt the law to best protect both police officers and military service members who use force in good faith. 
Comments

    RSS Feed

    Categories

    All
    Administrative Separation
    Air Force Court Of Criminal Appeals
    Air Force Courts Martial
    Air Force Courts-martial
    Appeals
    Army Court Of Criminal Appeals
    Army Courts Martial
    Article 32 Investigation
    Brian Pristera
    Clemency And Parole
    Coast Guard Courts Martial
    Coast Guard Courts-martial
    Court Martial Defense
    Court Of Appeals For The Armed Forces
    Discharge Review Boards
    Drug Cases
    Jury Instructions
    Marine Corps Cases
    Marine Corps Courts Martial
    Marine Corps Courts-martial
    Navy
    Navy Courts Martial
    Navy Courts-martial
    Navy Marine Corps Court Of Criminal Appeals
    News
    Nonjudicial Punishment
    PTSD
    Science
    Searches And Seizures
    Security Clearance
    Sexual Assault
    TBI

      Free Initial Consultation
      ​Confidential. In-depth. Useful.

    Submit
Free Initial Consultation

(800) 355-1095 Worldwide Toll Free (24h)
(210) 568-2760 (digital fax)
myers@mclaw.us
​www.mcmilitarylaw.com

The information on this page is informational in nature. Nothing on this or associated pages should be construed as legal advice for a particular case. Likewise, the information on this website does not constitute the creation of an attorney-client relationship.
This military law firm has a worldwide presence serving locations such as Fort Hood, Fort Bragg, Iraq, Quantico, Washington, DC, Fort Drum, Fort Stewart, Fort Lewis, Fort Eustis, Camp Pendleton, Camp LeJune, Schofield Barracks, Norfolk Naval Station, Lackland AFB, Langley Air Force Base, Fort Sam Houston, Fort Bliss, Germany, Korea, and all other installations.
East Coast Satellite Office: (Appointment only) 4410 East Claiborne Street, Suite 334, Hampton, VA, 23666​
Central Satellite Office: (Appointment only) San Antonio, TX 78205
Home
Attorneys

Forms, Downloads, & Regulations
Recent Results
​Military Law Blog

Contact
SiteLock
Payment Options
​© All Rights Reserved​
  • Court-Martial Lawyers
    • The Court-Martial Process >
      • General Court-Martial
      • Impeachment Techniques
      • Special Court-Martial
      • Right to Counsel
      • Military Jury Selection
      • Right to a Speedy Trial
      • Your Rights >
        • The Military Rules of Evidence >
          • MRE 311 - Searches and Seizures
          • MRE 412 - Victim's Prior Behavior
          • MRE 413 - Accused's Prior Behavior
          • MRE 613 - Prior Inconsistent Statements
          • MRE 801 - Hearsay
          • MRE 803 - Common Hearsay Exceptions
          • MRE 807 - Residual Hearsay
        • Military Motions Practice >
          • Affirmative Defenses
          • Failure to State an Offense
          • Motion to Suppress Involuntary Statements >
            • Article 31 UCMJ
          • Motion to Suppress - No Rights Advisement
          • Unlawful Command Influence
          • Motion to Change the Location of Trial
          • Unreasonable Multiplication of Charges
        • Court-Martial Consequences
        • Sex Offender Registration
        • Military Protective Orders
        • Family Advocacy Program
      • Right to Experts
      • Release from Pretrial Confinement
    • Military Sexual Assault Lawyer >
      • Substantial Incapacitation >
        • Blackouts
    • Failed Urinalysis >
      • Innocent Ingestion
      • Drug Detection Windows >
        • Cocaine Factsheet
        • Marijuana Factsheet
        • Diazepam Factsheet
        • Morphine and Heroin Factsheet
        • Methadone Factsheet
        • Methamphetamine Factsheet
      • Command Urinalysis Program
      • Performance Enhancing Drugs
    • Article 80 Attempts
    • Article 81 Conspiracy
    • Article 118 Murder
    • Article 128 Assault >
      • Maltreatment
      • Theft and Larceny Cases >
        • Article 132 Frauds Against the United States
      • Parental Discipline Cases
    • AWOL and Desertion >
      • Article 85 Desertion
    • Article 133 Conduct Unbecoming
    • Disrespect Offenses >
      • Failure to Obey an Order
    • Article 107 False Official Statements >
      • Obstruction of Justice
    • Pornography Cases
  • Court-Martial Appeals
    • Petitions for a New Trial
    • Legal and Factual Insufficiency of the Evidence
    • Summary Court-Martial
    • Multiplicity in the Military
    • Sentencing Severity
  • Security Clearances
  • Medical Cases
    • Health Care Providers
    • Post Traumatic Stress
  • Military Law Blog
  • Notable Cases
    • My Lai
    • Abu Ghraib
    • Haditha
    • Maywand District Murders
    • US v Scott
    • MARSOC
  • Military Case Results
  • Attorneys
    • Gary Myers
    • Daniel Conway
    • Brian Pristera
    • Lauren Johnson-Naumann
    • Joseph Galli
  • Military Law Videos
  • Free Initial Consultation
  • Military Law Search
✕