How Military Defense Counsel Works in a Court-Martial
A service member who learns that charges may be coming usually has one immediate worry beneath all the others: whether real legal help is available, and…
Uniform Code of Military Justice · Reference
A service member who learns that charges may be coming usually has one immediate worry beneath all the others: whether real legal help is available, and…
When a service member learns that charges are coming, the question that follows is rarely about the substantive law. It is about sequence: what happens first,…
The lawyer who represents the government at a court-martial is called the trial counsel. It is tempting to picture this person as the military equivalent of…
The day a recruit is sworn in, a second body of criminal law switches on over that person's life, one that civilians never live under. The…
Arraignment is the shortest hearing in a court-martial and the one that locks the most decisions into place. It is often over in under an hour,…
A service member can be cleared of any wrongdoing, never charged, never tried, and still carry the investigation with them for decades. The mechanism that makes…
Long before a panel hears a word of testimony, much of a court-martial has already been decided in writing. The pretrial motion is the instrument that…
When a service member is accused of a crime under military law, no prosecutor and no grand jury decides whether the case goes to trial. For…
A service member court-martialed in 2026 stands inside a system that looks almost nothing like the one the Uniform Code of Military Justice created in 1951.…
The Uniform Code of Military Justice and the Manual for Courts-Martial set one baseline for every armed service, yet a soldier, a sailor, a Marine, and…
A soldier breaks into a house off post, on a weekend, in civilian clothes, and steals a stranger's property. The crime has nothing to do with…
A soldier called in to "give a statement" about an incident often has no idea which of two very different things is happening. One is a…
The moment a recruit takes the oath of enlistment, a second body of law settles over them, one that civilians never answer to. It governs not…
A service member tried by court-martial today is judged under a federal statute that applies the same way in the Army, Navy, Air Force, Marine Corps,…
The moment a service member stops being someone a command is "looking into" and becomes a formally accused person has a name: preferral. It is not…
By the time a service member sits down at the defense table for arraignment, the case has already moved through a chain of decisions that took…
Most Americans picture the warning a police officer reads after an arrest: the right to remain silent, the right to a lawyer, the caution that anything…
A guilty verdict at a court-martial is not the last word, and the steps that follow are easy to misunderstand because the system was rebuilt twice…
People refer to the Uniform Code of Military Justice as if it were a freestanding book, but it is something more precise: a single chapter of…
A court-martial gathers a dozen different people in one room, and a service member trying to understand what is happening to them quickly runs into a…
When a U.S. service member is accused of an offense in a NATO host country, the first practical question is rarely about guilt. It is about…
A service member who elects trial by panel does not face a jury drawn from a community by lottery. The people who will decide guilt are…
A court-martial is decided less by what happened than by what the panel is permitted to learn about what happened. A confession exists or it does…
A service member facing a court-martial will hear about three lawyers, and it is easy to confuse them. There is the defense counsel, who is on…
A service member who reads the Uniform Code of Military Justice looking for the rule that decides a case soon discovers that the statute alone does…