Alcohol and sex
Feb 18, 2024Alcohol is a significant factor in most court-martial prosecutions for sexual assault or related sex offenses. Let's dispel some myths based on extensive experience with these types of cases. One drin...
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Philip Douglas Cave's Legal Guides (16)
Washington, DC
Military law Lawyer at Washington, DC
Practice Areas: Military Law, Administrative Law
War Crimes
Feb 16, 2024Wagner Group war crimes. ICC prosecutions https://opiniojuris.org/2024/02/16/prosecuting-wagner-group-war-crimes-at-the-international-criminal-court-a-procedural-perspective/ Theme "We address, hypoth...
See Full GuideDouble Jeopardy under the UCMJ
Aug 05, 2023A prosecution at a court-martial under the UCMJ is a FEDERAL prosecution. That means the local U.S. Attorney can't prosecute military persons on behalf of the United States for the same offenses. But,...
See Full GuideMilitary COVID vaccination orders
Aug 01, 2021Current military law may allow conviction at court-martial for refusing a command-ordered COVID vaccination should such orders come out. I say may; Refusal to be vaccinated Military law is clear that...
See Full GuideCourt-martial appeals
Apr 23, 2021Have you been convicted at court-martial and need to appeal? Beginning in 2020, the process of appeals has changed somewhat. Mandatory appeal Under Article 66(c), UCMJ, if you are sentenced to confine...
See Full GuideUCMJ-Seizure and search
Jan 10, 2016Seizure and search in the military: how your property might be seized, searched, and used during a military investigation and court-martial. Consent Consent is an exception to the warrant requirement...
See Full GuideNavy duty to self report civil criminal cases
Jun 01, 2014The Navy requires personnel to self-report if they have been arrested or are being prosecuted for a criminal offense - this is legal according to the Navy-Marine Corps Court of Criminal Appeals. The r...
See Full GuidePolitics and military service are a difficult mix
Jan 05, 2012It is 2012, it is a presidential election year. That means there are potential problems for military personnel (active, Guard, Reserve, or retired) who want to be involved in the political process. Her...
See Full GuideMilitary Rule of Evidence 504 – Spousal privilege.
Dec 18, 2011There are two parts to the rule. The spouse can refuse completely to testify, this is the spousal incapacity and the privilege belongs to the testifying spouse; or the spouse can be stopped from testif...
See Full GuideMilitary (UCMJ) Pretrial Agreements (plea bargains)
Dec 10, 2011Military pretrial agreements can be useful for damage control on a court-martial sentence. There are some unusual elements to a military pretrial agreement (PTA) compared to civilian plea bargains. ...
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