Court-Martial Trial Practice Blog
The Army Court of Criminal Appeals has issued an important decision in
United States v. Brassfield, __ M.J. ___ (Army Ct. Crim. App. 2024) (en banc)
The court reaffirms that a servicemember accused of assault against their child may raise the defense of “it was parental discipline.” The definition of what is or isn’t criminal corporal punishment has changed over the years. The Court of Military Appeals (CMA) (predecessor to the Court of Appeals for the Armed Forces (CAAF)), said so in United States v. Brown, 26 M.J. 148 (1988). The CMA adopted a two-part test from the Model Penal Code.