Each of the (US) Services has a mechanism where a servicemember can be granted a discharge in lieu of court-martial--what is referred to as one form of alternate resolution during pretrial negotiations. The approval of alternate resolutions was a collaborative process involving the commander, higher authority, prosecutor, and any victims. Because of the new OSTC system, the Army has placed the responsibility for approval with the OSTC. Earlier news articles by ProPublica had focused on the number of servicemembers allowed to leave the military administratively rather than through court-martial ..read more

This just in: M. Chris Cox, When Commanders Decide: Military Prosecutorial Decision-Making in Sexual Assault Cases, 22 Seattle J. Soc. Just. 371 (2024 ..read more

Yesterday the Supreme Court of the United States decided Rudisill v. McDonough, No. 22-888. At issue was a technical question concerning educational benefits afforded to veterans who qualify under two separate GI Bills. Of broader potential interest is the hostile treatment of the so-called "veterans canon" in both the concurring opinion of Justice Brett Kavanaugh (joined by Justice Amy Coney Barrett) and the dissenting opinion of Justice Clarence Thomas (joined by Justice Samuel Alito), Under that canon, statutes that confer benefits on veterans are construed in the veteran's favor. To quote ..read more

Shawn D. McKelvy, L. William Uhl & Armand Balboni, Shots Fired, Shots Refused: Scientific, Ethical, and Legal Challenges Surrounding the U.S. Military's COVID-19 Vaccine Mandate, 55 St. Mary's L.J. 405 (2024 ..read more

The Associated Press's Steven K. Paulson writes here about two recent incidents that are pretty strange. One involves a Fort Carson soldier who hid in a car so as not to have to get out and salute during evening colors. In an unrelated incident: Last week, two Wisconsin National Guard members were suspended in an investigation stemming from a photograph showing soldiers clowning around by an empty flag-draped casket at a guard training facility. The photograph shows soldiers mugging for the camera around the empty casket. It shows 14 men and women posing, some lightheartedly. Two pairs of me ..read more

With the Supreme Court about to resume consideration of the constitutionality of trying civilians in military courts, Pakistan's Chief of Army Staff has pardoned at least 20 of those convicted in connection with the May 9 rioting. Details here ..read more

Score one for ProPublica (and the public). Excerpt from this report: A federal judge ruled in March that ProPublica’s lawsuit against the secretary of defense should move forward, as the news organization seeks to increase public access to the military’s court proceedings and records. ProPublica sued in 2022, claiming the Pentagon has failed to issue rules ensuring that the services comply with a law that was supposed to make the military justice system more transparent. Although ProPublica’s lawsuit originated from a single high-profile arson case in which the Navy refused to release r ..read more

As we wrap up the first quarter of CY24, the Editors wish to thank all of the contributors who have been posting recently. Having more than one voice on this blog adds important depth and a healthy variety of viewpoints. Keep up the good work! We are moving into what may be a busy season, with major military justice decisions expected from the Supreme Courts of Canada and Pakistan -- and perhaps Uganda. Stay tuned. If you know of significant pending litigation in other jurisdictions, please post if you are a contributor, or pass the word to the Editors ..read more

British Army soldiers will now be permitted to wear beards. Read all about it here. For a global survey, check this Wikipedia entry on Facial Hair in the Military ..read more

"It is most unfortunate that the Supreme Court created this situation, which allowed the state to continue depriving civilians of their constitutional liberties without any finding of guilt against them. As some observers have pointed out, in our legal system, the process itself seems to be the punishment. This should not be allowed to continue." From this article in Dawn ..read more