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October 4, 2013
Butch Bracknell has hit the nail on the head ( "In defense of military justice," Oct. 2). I am a graduate of the U.S. Naval Academy. While on board ship, I had the collateral duty of legal officer and have been a member of the Maryland bar since 1969. The military justice system, while not perfect, is at least as fair and efficient as the civilian system. I was informing accused sailors of their right to be represented (not by a lawyer while at sea) long before civilians were being read their Miranda rights.
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NEWS
By Zachary D. Spilman | March 31, 2014
Two high profile military sexual assault cases ended with big losses for the prosecution last month. At Fort Bragg in North Carolina, Army Brig. Gen. Jeffrey Sinclair pleaded guilty to reduced charges and received a light sentence of a written reprimand and a fine. At the Naval Academy in Maryland, Midshipman Joshua Tate was found not guilty of sexually assaulting an intoxicated female classmate. General Sinclair engaged in a lengthy affair with a subordinate who accused him of threatening her and forcing her to engage in sex acts, but who herself faced the possibility of disciplinary action for their inappropriate relationship.
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NEWS
By Butch Bracknell | October 2, 2013
Last month's hearings to determine whether three Naval Academy students should face charges in a sexual assault case generated significant controversy, both because of the manner in which the victim of the alleged assault was questioned and because of broader criticism about how the military handles sexual assault. Yale law professor Eugene Fidell even used these pages to argue that the proceeding - known as an Article 32 hearing - should be the last of its kind. This crusade against military justice in Congress, the media and certain political interest groups reflects a rush to judgment that glosses over the delicate balance that must be struck in sexual assault cases between protecting an alleged victim and the legal and constitutional rights of a criminal defendant.
NEWS
By Matthew Hay Brown, The Baltimore Sun | January 9, 2014
The number of sexual assaults reported at the Naval Academy increased slightly last year while reports fell at the other service academies, according to an assessment to be released by the Pentagon on Friday. Overall reports at the three academies fell from 80 during the 2011-2012 academic year to 70 in 2012-2013, according to the Annual Report on Sexual Harassment and Violence at the Military Service Academies obtained by The Baltimore Sun. That drop runs counter to the recent militarywide trend of increased reporting - a trend that officials have said indicates a growing trust in the military justice system.
NEWS
By Gary Solis | September 12, 2007
American soldiers and Marines in Iraq are convicted of the homicides of noncombatants but sentenced to no confinement. No officer is held accountable for abuses at Abu Ghraib prison. These are just two disturbing military legal headlines. Why are court-martial convictions seemingly hard to come by? The homicides of 24 Haditha civilians, including women and children, for example, resulted in court-martial charges against eight Marines, including four officers. Almost two years later, however, charges have been dropped against two of the four alleged shooters and one of the four officers, Capt.
NEWS
By William Safire | November 28, 2001
WASHINGTON -- As soon as German U-boats put eight saboteurs on U.S. shores during World War II, one of the eight called the FBI to betray the mission but was brushed off as a crackpot. Days later, he called again and managed to persuade the FBI he was an authentic saboteur. Partly to keep this embarrassment of bungled enforcement from becoming known, the eight were secretly tried by a military court inside the FBI headquarters. Unexpectedly, a U.S. Army lawyer assigned to the Germans mounted a spirited defense.
ENTERTAINMENT
By Stephen Hunter and Stephen Hunter,Film Critic | December 11, 1992
"A Few Good Men" just goes to show: Military justice movies are to movies what military music is to music -- loud, showy, entertaining and utterly trivial.The film is certainly shrewdly constructed and commercial as all get out; it offers a couple of hotshot movie stars a platform for some of their slickest acting in years, and each guy -- Tom Cruise and Jack Nicholson -- shoots for the moon. It's everything a movie should be, except thought-provoking. Sit back and enjoy the ride; just don't expect to get anywhere.
NEWS
By Matthew Hay Brown, The Baltimore Sun | March 13, 2013
After he was raped by a fellow Navy sailor, Brian Lewis wanted justice. What he got, the Baltimore man told a Senate panel Wednesday, was an order to keep quiet. When commanders learned of the attack, Lewis said, he was told not to report it to naval investigators. From his unit's lawyers, he said, there was "an eerie silence. " "At some point, it becomes about preservation of their own career, rather than helping me," the former Navy petty officer said. "There was no effective legal situation that I could access.
TOPIC
By Michael Hill and Michael Hill,SUN STAFF | January 26, 2003
The military justice system has never exactly enjoyed a great public image. In films from Stanley Kubrick's Paths of Glory set in World War I, to the Australian Boer War masterpiece Breaker Morant, to the World War II drama The Caine Mutiny, the system has usually been portrayed as a tool of injustice, cynically used to protect the powerful by tormenting the powerless. As the saying goes, "Military justice is to justice as military music is to music." Groucho Marx is credited with that though it might be best known as the title of a 1974 muckraking book by Robert Sherrill, yet another indictment of this mixture of military hierarchy and the judicial process.
NEWS
By Eugene R. Fidell | September 16, 2013
The latest high-profile military justice case to come out of the United States Naval Academy in Annapolis merits nationwide attention. In a nutshell, it involves allegations of sexual assault of a female midshipman by several members of the Academy football team. Liquor seems to have played a pivotal role. The case raises a host of issues, such as the facilitation of drinking by athletes at what amounts to an off-campus fraternity house. It is also disturbing that Naval Academy athletes seem over recent memory to have a real penchant for getting into trouble.
NEWS
By Pamela Wood, The Baltimore Sun | October 7, 2013
A federal judge denied on Monday a request to strip the U.S. Naval Academy superintendent of his authority to decide whether to prosecute a sexual assault case involving three former Navy football players. "For me to stick my nose in the Navy's business at this time would be inappropriate," said U.S. District Judge Ellen Hollander as she ruled from the bench. A female midshipmen who accused three classmates of assaulting her at an off-campus party in Annapolis in 2012 asked the court to remove the superintendent, Vice Adm. Michael Miller, from the case.
NEWS
October 4, 2013
Butch Bracknell has hit the nail on the head ( "In defense of military justice," Oct. 2). I am a graduate of the U.S. Naval Academy. While on board ship, I had the collateral duty of legal officer and have been a member of the Maryland bar since 1969. The military justice system, while not perfect, is at least as fair and efficient as the civilian system. I was informing accused sailors of their right to be represented (not by a lawyer while at sea) long before civilians were being read their Miranda rights.
NEWS
By Butch Bracknell | October 2, 2013
Last month's hearings to determine whether three Naval Academy students should face charges in a sexual assault case generated significant controversy, both because of the manner in which the victim of the alleged assault was questioned and because of broader criticism about how the military handles sexual assault. Yale law professor Eugene Fidell even used these pages to argue that the proceeding - known as an Article 32 hearing - should be the last of its kind. This crusade against military justice in Congress, the media and certain political interest groups reflects a rush to judgment that glosses over the delicate balance that must be struck in sexual assault cases between protecting an alleged victim and the legal and constitutional rights of a criminal defendant.
NEWS
By Eugene R. Fidell | September 16, 2013
The latest high-profile military justice case to come out of the United States Naval Academy in Annapolis merits nationwide attention. In a nutshell, it involves allegations of sexual assault of a female midshipman by several members of the Academy football team. Liquor seems to have played a pivotal role. The case raises a host of issues, such as the facilitation of drinking by athletes at what amounts to an off-campus fraternity house. It is also disturbing that Naval Academy athletes seem over recent memory to have a real penchant for getting into trouble.
NEWS
By Pamela Wood, The Baltimore Sun | August 30, 2013
As the hearing into alleged sexual assaults by three members of the Naval Academy football team stretched into a fourth day Friday, the focus shifted from the accuser toward her high-profile lawyer. Defense attorneys spent an hour grilling Baltimore-based lawyer Susan Burke, a national figure in combating sexual assaults in the military. They suggested that she had pressured her client into pursuing charges against the football players to further her own cause. "She is trying to push the complaining witness through this process," said Ronald "Chip" Harrington, a civilian attorney for Midshipman Eric Graham.
NEWS
By Matthew Hay Brown, The Baltimore Sun | March 13, 2013
After he was raped by a fellow Navy sailor, Brian Lewis wanted justice. What he got, the Baltimore man told a Senate panel Wednesday, was an order to keep quiet. When commanders learned of the attack, Lewis said, he was told not to report it to naval investigators. From his unit's lawyers, he said, there was "an eerie silence. " "At some point, it becomes about preservation of their own career, rather than helping me," the former Navy petty officer said. "There was no effective legal situation that I could access.
NEWS
By Pamela Wood, The Baltimore Sun | October 7, 2013
A federal judge denied on Monday a request to strip the U.S. Naval Academy superintendent of his authority to decide whether to prosecute a sexual assault case involving three former Navy football players. "For me to stick my nose in the Navy's business at this time would be inappropriate," said U.S. District Judge Ellen Hollander as she ruled from the bench. A female midshipmen who accused three classmates of assaulting her at an off-campus party in Annapolis in 2012 asked the court to remove the superintendent, Vice Adm. Michael Miller, from the case.
NEWS
By LOS ANGELES TIMES | July 13, 2006
WASHINGTON - Bush administration lawyers rejected congressional suggestions yesterday that suspected al-Qaida and Taliban war criminals be prosecuted in the U.S. military justice system, saying that military courts provide protections for defendants that are unwarranted in the war on terrorism. The lawyers said the government must be able to use evidence and testimony gathered through "coercion" and hearsay and does not want to provide captives with lawyers before interrogating them for intelligence purposes.
EXPLORE
March 21, 2012
WALKER: Army National Guard Pvt. Tiffany S. Walker has graduated from One Station Unit Training (OSUT) at Fort Leonard Wood, Waynesville, Mo., which included basic military training and advanced individual training (AIT). During basic military training, Walker received instruction in drill and ceremony, weapons qualification, map reading, tactics, military courtesy, military justice, physical fitness, first aid and Army doctrine, history, principles and traditions. During AIT, she completed the military police specialist course to acquire skills to provide combat area support, conduct battlefield circulation control, area security, prisoner of war operations, civilian internee operations and law and order operations.
NEWS
By Nicholas Riccardi and Nicholas Riccardi,Tribune Newspapers | November 13, 2009
FORT HOOD, Texas - - Military officials on Thursday filed 13 charges of premeditated murder against Maj. Nidal Malik Hasan, who is accused of gunning down his fellow soldiers last week, setting the stage for the most high-profile court martial in a generation. The charges carry the potential of the death penalty, which the military is widely expected to seek but has not formally announced it is pursuing. Because the 39-year-old psychiatrist is still an active duty soldier, military courts have jurisdiction rather than civilian ones.
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