Court-Martial Trial Practice Blog
The downloading of CP?
This local story from Virginia, which is headlined "Navy officer gets 40 months for child porn," reflects recent debates over both the federal child porn sentencing guidelines and showing leniency for those who served our country in the military. Here are the details:
A Navy lieutenant commander who served in Iraq with an elite Riverine unit was sentenced today to 40 months in prison after admitting he downloaded child pornography. John J. Hall blamed his actions in part on post traumatic stress disorder, a claim that the judge in the case took into account in granting leniency.
This does not seem out of line with what would be admissible and relevant under R.C.M. 1001 at court-martial, and prosecutions under the UCMJ.