UCMJ changes.
- Thread starter Doc8404
- Start date
Robin
.475 A&M Magnum
I can't read it Doc, I know for a fact that there are progressive lawyers that join the jag corps because they hate the military and want to change things from the inside, moles. How far up the ladder do they go(?), hell after eight years of the communist in chief, pretty high.
Whatever the change, I am probably right that it will not be for the good order and discipline of the military, but will further the commy agenda. I hope I'm wrong.
Robin
Whatever the change, I am probably right that it will not be for the good order and discipline of the military, but will further the commy agenda. I hope I'm wrong.
Robin
Doc8404
.450/400 Nitro Ex
Why can’t you read it?
I don’t have an account either.
I don’t have an account either.
Doc8404
.450/400 Nitro Ex
New rules
There are some new definitions for terms with which you might already be familiar.
Adultery, for instance, is one that can confound service members. Cheating on a spouse is illegal in more than a dozen states, but prosecuting it is practically unheard of.
Until Jan. 1, in the military, it was only defined as sexual intercourse between a man and a woman — specifically the variety that can produce offspring.
Now, adultery has been re-branded as extramarital sexual contact, and it includes genital, oral and anal acts. On the other hand, it’s also not considered adultery if you are legally separated, somewhat relaxing the previous law.
The definition of intimate partner violence has also been redefined, beyond spouses and domestic partners.
“It’s actually pretty broad, and it’s meant to bring us into the 21st century, where it doesn’t just have to be that you’re married, for example,” Root said.
It now includes former spouses, someone you have a child with, someone you live with or have lived with as a romantic partner, as well as someone you’re dating.
The regulations are not explicit on how long someone must be a romantic or sexual acquaintance to be considered an intimate partner.
“So, I think that’s one area where we’ll see, maybe, the definition develop,” Root said, adding, “I don’t know that one date would be enough.”
There are some other, smaller tweaks, as well.
Cyber-stalking, conduct that induces fear of harm carried out through electronic communication, has been added to Article 130.
And “breaking and entering” can now occur at any time of day, whereas before it was defined by a nighttime break-in.
One change, to the sexual assault section of Article 120, is particularly worrying for Timmons.
“My argument is, as a defense attorney, that Article 120 is extensive and expansive,” he said, bordering on unconstitutional.
For example, in a case of “mistaken age,” the defense would have to prove that he or she could not have known the age of the victim.
Timmons argued that the shifting of the burden is an overreaction to pressure from Congress to stamp out sexual assault.
“And now they’re taking it seriously — they’re taking it so seriously that they’ve shifted the burden to guilty until proven innocent,” he said. “I’d like to see Congress modify it. [This] harms people because they go through two years of the trial process, where they’re slandered and defamed.”
There are some new definitions for terms with which you might already be familiar.
Adultery, for instance, is one that can confound service members. Cheating on a spouse is illegal in more than a dozen states, but prosecuting it is practically unheard of.
Until Jan. 1, in the military, it was only defined as sexual intercourse between a man and a woman — specifically the variety that can produce offspring.
Now, adultery has been re-branded as extramarital sexual contact, and it includes genital, oral and anal acts. On the other hand, it’s also not considered adultery if you are legally separated, somewhat relaxing the previous law.
The definition of intimate partner violence has also been redefined, beyond spouses and domestic partners.
“It’s actually pretty broad, and it’s meant to bring us into the 21st century, where it doesn’t just have to be that you’re married, for example,” Root said.
It now includes former spouses, someone you have a child with, someone you live with or have lived with as a romantic partner, as well as someone you’re dating.
The regulations are not explicit on how long someone must be a romantic or sexual acquaintance to be considered an intimate partner.
“So, I think that’s one area where we’ll see, maybe, the definition develop,” Root said, adding, “I don’t know that one date would be enough.”
There are some other, smaller tweaks, as well.
Cyber-stalking, conduct that induces fear of harm carried out through electronic communication, has been added to Article 130.
And “breaking and entering” can now occur at any time of day, whereas before it was defined by a nighttime break-in.
One change, to the sexual assault section of Article 120, is particularly worrying for Timmons.
“My argument is, as a defense attorney, that Article 120 is extensive and expansive,” he said, bordering on unconstitutional.
For example, in a case of “mistaken age,” the defense would have to prove that he or she could not have known the age of the victim.
Timmons argued that the shifting of the burden is an overreaction to pressure from Congress to stamp out sexual assault.
“And now they’re taking it seriously — they’re taking it so seriously that they’ve shifted the burden to guilty until proven innocent,” he said. “I’d like to see Congress modify it. [This] harms people because they go through two years of the trial process, where they’re slandered and defamed.”
Doc8404
.450/400 Nitro Ex
New articles
While many of the changes to UCMJ laws themselves involved migrating offenses from one article to another, there are some brand new laws:
While many of the changes to UCMJ laws themselves involved migrating offenses from one article to another, there are some brand new laws:
- Article 93a, prohibited activities with a military recruit or trainee by a person in position of special trust. Previously, this would have been considered an Article 92 offense, failure to obey a regulation. While there are already laws against unwanted sexual contact and inappropriate relationships, this adds a layer when those crimes occur between, for example, a recruiter and an enlistment prospect, or an instructor and a basic trainee. It carries a sentence of up to five years. Stories of instructors or recruiters assaulting or otherwise carrying on sexual relationships with the young people they’re charged with guiding have regularly made headlines. Article 93a would have added charges to the prosecution of military training instructors at the center of a 2012 scandal at Lackland Air Force Base in San Antonio, the site of the service’s basic military training, for example.
- Article 121a, fraudulent use of credit cards, debit cards and other access devices. This law focuses on the intent to defraud, rather than larceny, which requires success. “Access devices” can mean account numbers, pass codes or telecommunications equipment that can be exploited to obtain money, goods or services.
- Article 123, offenses concerning government computers. This includes unauthorized use to obtain classified information, to obtain sensitive information or uploading a virus or other program to damage a network. Previously this fell under Article 92.
- Article 132, retaliation. It is now illegal to misuse authority in an attempt to retaliate against a person for making a complaint or reporting a crime. This might include corrective training or withholding awards for no other reason than to punish whistle-blowing, for example. It is also illegal to discourage someone from making a complaint or reporting a crime.
Doc8404
.450/400 Nitro Ex
Court martial changes
The UCMJ review also yielded a handful of changes to the way criminal cases are carried out.
“The greatest thing is that now the military system is a court of competent jurisdiction,” Root said, able to issue subpoenas to produce evidence.
In a civilian court, once charges are filed, the prosecution and defense are able to ask for court orders to talk to witnesses or receive evidence that will help determine whether a case is fit for trial.
In the military, early decisions are made by commanders and convening authorities — high-ranking officers at installations, for example — who decide whether to draw up charges or refer a case to court-martial.
These local convening authorities, however, didn’t have the jurisdiction to issue court orders for evidence or communications because they aren’t judges.
Having them, or other court-ordered evidence, could make a big difference in deciding whether a case is strong enough for a trial, Root said.
In the past, cases would get to the court-martial phase before prosecutors could see those emails, for example, and sometimes they wouldn’t be as compelling as they had hoped.
The UCMJ review also yielded a handful of changes to the way criminal cases are carried out.
“The greatest thing is that now the military system is a court of competent jurisdiction,” Root said, able to issue subpoenas to produce evidence.
In a civilian court, once charges are filed, the prosecution and defense are able to ask for court orders to talk to witnesses or receive evidence that will help determine whether a case is fit for trial.
In the military, early decisions are made by commanders and convening authorities — high-ranking officers at installations, for example — who decide whether to draw up charges or refer a case to court-martial.
These local convening authorities, however, didn’t have the jurisdiction to issue court orders for evidence or communications because they aren’t judges.
Having them, or other court-ordered evidence, could make a big difference in deciding whether a case is strong enough for a trial, Root said.
In the past, cases would get to the court-martial phase before prosecutors could see those emails, for example, and sometimes they wouldn’t be as compelling as they had hoped.
Doc8404
.450/400 Nitro Ex
There’s more but I’ve peobably already violated at least one rule here.
