Sources of Military Law

Unfortunately, actually nailing down military law can be difficult.  There are many sources of military law.  They are, generally, the Uniform Code of Military Justice (UCMJ), the Rules for Courts-Martial (RCM), the Manual For Courts-Martial (MCM), the Military Rules of Evidence (MRE), regulations issued by military departments and commanders, and, finally, case law established by […]

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Restitution in Federal Cases – Don’t expect to just give back what you received.

In criminal law, the purpose of a court ordering restitution is to make a victim who suffered a loss from the criminal activity of the defendant “whole.”  Making a victim “whole” means financially reimbursing the defendant for losses including out-of-pocket expenses related to the criminal activity.  Making a victim whole, however, doesn’t necessarily mean the

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How to Defend Against a Sexual Assault Accusation

Accused of sexual assault in the military? Sexual assault in the military is charged under Article 120 of the Uniform Code of Military Justice (UCMJ).  Article 120 actually has 4 different offenses: Rape, Sexual Assault, Aggravated Sexual Contact, and Abusive Sexual Contact.  Rape and Sexual Assault are penetration offenses while Aggravated Sexual Contact and Abusive

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