Important article on proposed legislation that could help Veterans in need. From my experience, the Army used misconduct separations for too many Soldiers in need of mental health services. Commanders needed to “push out” Soldiers who were considered problems for the unit. Often Soldiers were too worn down to even attempt to fight the misconduct discharge. Hopefully Congress will step up and help those Veterans who deserve increased benefits and recognition for their service.
These Vets Stormed The Capitol To Fight For Service Members The Pentagon Left Behind
I find it odd that the government would even appeal this decision. I’m sure there are more facts that I do not know but it doesn’t look good when you are looking to crush a servicemember in need of drug treatment.
My only thought at the moment:
The concept of the “broadly skilled judge advocate” doesn’t work when you need learned counsel to represent a Servicemember facing the death penalty.
More to follow. Here is a link to the opinion and other comments from fellow practitioners.
Questions about military law? Before you hit the google machine please check out CAAFlog.
It is a great free resource that tracks all major developments in Military Justice. It also provides links to various other resources and websites.
Other quality blogs…
courtmartialblog.com Bill Cassara
http://www.court-martial-ucmj.com/ Phil Cave
http://www.armycourtmartialdefense.info/ David Coombs
These are the blogs that I use. What else do you recommend for the military justice practitioner?
Are there any groups calling for abolition of the death penalty in the military?
Is there a public concern that a servicemember accused of murder in one of the nineteen states without the death penalty can face execution by the military simply because of military status? For example, SGT X, U.S. Army, allegedly murders V in the state of Maryland while serving on Active Duty. MD abolished the death penalty in 2013. Yet the Army can decide to take the case and refer the charges as capital regardless of actions taken by Maryland.
Is there a concern that four of the six (2/3 according to my lawyer math) inmates sitting on the military’s death row are minorities? Yet less than 1/3 of Active Duty servicemembers identify themselves as a minority (i.e., Black or African American, Asian, American Indian or Alaska Native, Native Hawaiian or other Pacific Islander, multi-racial, or other/unknown) according to the Department of Defense 2012 Demographics Survey.