I’m not sure why, but it seems the Air Force must have a checklist of annual warnings. The official website makes one about prescription drugs, entitled: Prescription meds: Proceed with caution. The caution advises that misuse of prescription medications can result in disciplinary action, including court-martial. When Airmen ignore inspecting…
Court-Martial Trial Practice Blog
Meteor burns out
WESH2.com reports: A former astronaut pleaded to a lesser charge and avoided jail time for attacking a romantic rival in Orlando on Tuesday, but she could still face military prosecution. Navy captain Nowak will be awaiting a letter from the Chief of Naval Personnel (connected with show-cause board actions), or…
Military insanity defense – Part III
If Major Hasan raises an insanity defense for his acts at Fort Hood, how might the defense actually work if at all. Presumably he will present a combination of witnesses and documents. The media is reporting that prior to reporting to Fort Hood Major Hasan had “problems” so there will…
Military insanity defense – Part II
In Part I, I briefly outlined the formal examination process prior to presenting an insanity/lack of mental responsibility defense. Now here is some information on the “law” or legal standard for an insanity defense. This is the defense that Major Hasan and his lawyers are going to have to consider…
Military insanity defense – Part I
The military (insanity) lack of mental responsibility defense is set out in several places relevant to Major Hasan and the events at Fort Hood. The first step that should be taken by a prudent convening authority in this case is to order a mental examination under R.C.M. 706, as soon…
Toobin on toolong
CNN Justice reports: Toobin: Cabinet members may end up negotiating which legal system will try Army Maj. Nidal Malik Hasan, the suspect in last week’s mass shooting at Fort Hood in Texas, CNN senior legal analyst Jeffrey Toobin said Tuesday. CNN: Would the charges be the same in either case?…
Major Hasan – the hardest job
Who has the hardest job in the prosecution and defense of Major Hasan, by that I’m talking about the lawyers and the judge. As many have already observed, the merits portion of Major Hasan’s trial at Fort Hood is likely a done deal, except for the potential mental health issues. …
It’s all Greek to me
Military.com reports: A Marine reservist accused of attacking a Greek Orthodox priest with a tire iron after apparently calling him a terrorist was actually defending himself after being sexually attacked by the cleric, his defense attorney said Tuesday. Tampa Police report offered a far different account, saying Marakis was lost…
Another Stolen Valor Act prosecution
CNN reports: California man is facing a criminal charge for wearing numerous Navy medals despite the fact he never served in the military, federal prosecutors said Wednesday. A witness “saw Burton wearing a Marine Corps uniform displaying the rank of lieutenant colonel, along with the Navy Cross, the Purple Heart…
Veteran’s Day
Il Silenzio.