McClatchy article on Article 120 amendments
Here’s a link to a new McClatchy article on the amendments to Article 120 contained in the conference committee’s version of the National Defense Authorization Act for Fiscal Year 2012. Of course, the...
View ArticleThe Revised Article 120
The National Defense Authorization Act for FY2012 (H.R. 1540) contains language that almost-completely revises Article 120, UCMJ. The bill was presented to the President for signature on December 21...
View ArticlePresident Obama has signed the DOD Authorization Act for FY 2012
As the Hill reports here, President Obama today signed the National Defense Authorization Act for Fiscal Year 2012, while issuing a signing statement objecting to detention policy provisions in the...
View ArticleThe new UCMJ amendments — an overview
The National Defense Authorization Act for Fiscal Year 2012, which President Obama signed on New Year’s Eve, includes amendments to the UCMJ. [The complete text of the UCMJ as amended is available...
View ArticleThe Article 120 amendments: is death a statutorily authorized punishment for...
Congress just removed death as an authorized punishment for the offense of rape of a child in the military as of 28 June 2012. That decision has particular resonance in light of the Supreme Court’s...
View ArticleToday’s NYT Op-Ed
Today’s NYT Op-Ed focuses on the continuing problem of sexual assault in the military. There have been some recent proposed structural changes to the UCMJ by members of Congress and it looks like more...
View ArticleIs mistake of fact as to consent a defense to a new new Article 120 charge?
That’s the interesting question addressed by this post on the TJAGLCS Crim Law Department’s 31(b)log.
View ArticleNew, New Art. 120 Guidance From TJAGS
From the folks that brought you the Art. 31(b)log, here is a 9-page primer on the new Art. 120. For anyone that has Lexis-Nexis, just login and it should be free. I think that leaves our baby blue...
View ArticleMJ Benchbook Instructions for Article 120 (2012)
While we still don’t have a breakdown of Article 120 (2012) by elements, prescribed maximum punishments, or executive discussion (to understand why, read this and this), 31(b)log informs us that the...
View ArticleThe Benchbook revision’s odd discussion of rape and the death penalty
The Military Judges’ Benchbook, Dep’t of the Army Pamphlet 27-9, has been updated to address the revision to Article 120 and the new Articles 120b and 120c, as Zack discussed here. The new Article 120...
View ArticleFeminist theory and Article 120
Over at 31(b)log, Jim Clark of TJAGLCS has posted this interesting commentary exploring the impact of feminist theory on the evolution of rape laws.
View ArticleClik here to view.
A sexual assault Rorschach
What do you see when you look at this picture? If your answer is “a brutal sexual assault,” you’re not alone. ‘We learn that George and Greta were perfect strangers. We learn that George was drunk, and...
View ArticleCoastie discombobulated, but not substantially incapacitated
In United States v. Johanson the appellant was sentenced to “no punishment.” The case presents another with a issue of statutory interpretation, expansion, contraction, and proposed contortion of...
View ArticleUnpacking the 19,000 statistic
Here’s a fascinating article from Joint Forces Quarterly by Marine judge advocate Linsday Rodman that, among other worthy points, analyzes the 19,000 statistic that is frequently — though, as the...
View Article2013 MCM Revisions: Just the M.R.E. and 120 maximums
A reader advises that the recently-signed Executive Order 13643 (discussed here, here, and here) is now available in its entirety: link to PDF. Notably, the only changes to the MCM are the revisions to...
View ArticleThere are no model specifications for Article 120 (2012), but if there were...
Congress amended Article 120 in the FY12 NDAA, with the new statute taking effect on 28 June 2012. That date passed without any Presidential rulemaking to list elements, define terms, provide model...
View ArticleNMCCA reverses military judge’s ruling that the maximum punishment under...
Today the NMCCA released a massive, 32 page published opinion of the court in United States v. Commander Booker, Military Judge, No. 201300247, 72 M.J. 787 (N-M. Ct. Crim. App. Sep. 20, 2013) (link to...
View ArticleNDAA Chairman’s markup
At this link you will find the NDAA Chairman’s markup, which includes: SEC. 535 [Log 54002]. MODIFICATION OF MILITARY RULES OF EVIDENCE RELATING TO ADMISSIBILITY OF GENERAL MILITARY CHARACTER TOWARD...
View ArticleThe NMCCA rejects constitional challenges to Article 120 (2012)
In an unpublished opinion in United States v. Torres, No. 201300396 (N-M. Ct. Crim. App. Aug. 28, 2014) (link to unpub. op.), a three-judge panel of the NMCCA rejects an equal protection claim, an...
View ArticleA significant published decision from the NMCCA interpreting Article 120c (2012)
The current version of Article 120 involves four separate statutes: Article 120 (adult sexual offenses), Article 120a (stalking), Article 120b (child sexual offenses), and Article 120c (other sexual...
View ArticleNMCCA reverses forcible rape conviction for factual insufficiency (implicitly...
In a published opinion in United States v. Thomas, __ M.J. __, No. 201300357 (N-M. Ct. Crim. App. Nov. 28, 2014) (link to slip op.), the Navy-Marine Corps CCA reverses a forcible rape conviction on...
View ArticleOpinion Analysis: CAAF holds that sexual contact includes circumstances where...
CAAF decided the interlocutory Army case of United States v. Schloff, 74 M.J. 312, No. 15-0294/AR (CAAFlog case page) (link to slip op.), on Thursday, July 16, 2015. A divided court concludes that...
View ArticleThe NMCCA highlights the difference between a victim who is asleep or...
Article 120(b) (sexual assault) and (d) (abusive sexual contact) prohibit the commission of a sexual touching upon another person under various circumstances, including when the accused: commits a...
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Top Ten Military Justice Stories of 2015 – #9: Competency to consent
Our #9 Military Justice Story of 2015 involves the significant steps taken this year to address the deeply flawed (and often misogynistic) view that an intoxicated person is necessarily incapable of...
View ArticleOpinion Analysis: Assault consummated by a battery is not a lesser included...
CAAF decided the Marine Corps case of United States v. Riggins, __ M.J. __, No. 15-0334/MC (CAAFlog case page) (link to slip op.), on January 7, 2016. The court finds that assault consummated by a...
View ArticleThe NMCCA reverses an indecent exposure for factual insufficiency (in a...
In a published opinion in United States v. Johnston, __ M.J. __, No. 201400338 (N-M. Ct. Crim. App. Jan. 21, 2016) (link to slip op.), a three-judge panel of the NMCCA reverses the appellant’s...
View ArticleThe Army CCA finds that digital pictures don’t constitute indecent exposure
In a published opinion in United States v. Williams, __ M.J. __, No. 20140401 (A. Ct. Crim. App. Mar. 30, 3016) (link to slip op.), a three judge panel of the Army CCA splits 2-1 to hold that the...
View ArticleThe NMCCA continues to reject constitutional challenges to Article 120 (2012)
In a published opinion in United States v. Solis, __ M.J. __, No. 201500249 (N.M. Ct. Crim. App. Aug. 11, 2016) (link to slip op.), a three-judge panel of the NMCCA rejects the appellant’s arguments...
View ArticleThe NMCCA clarifies the definition of impairment applicable to sexual assault...
Articles 120(b)(3)(A) and 120(d) prohibit sexual activity with a person who is incapable of consenting due to impairment by any drug, intoxicant, or other similar substance. In recent decision in...
View ArticleCAAF to review the mens rea for indecent recording in light of Rehaif
In Rehaif v. United States, 139 S. Ct. 2191 (2019) (SCOTUSblog case page), the Supreme Court held that the word knowingly in 1018 U.S.C. §924(a)(2) – which states the punishment for unlawful possession...
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