201602.19
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Sexual Assault Crimes Under Article 120

The Judicial Proceedings Panel released a report on sexual assault crimes under Article 120. The following is the executive summary from the report. Article 120 is the statute used to prosecute sexual assault crimes under the Uniform Code of Military Justice (UCMJ). It has been substantially revised since the UCMJ was first adopted in 1951….

201602.03
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Alleged Victim’s Mental Health Records

The Army Court of Criminal Appeals (ACCA), recently reversed a military judge’s ruling that ordered the production of an alleged victim’s mental health records for an in camera review.  DB v. Colonel Lippert, Military Judge, and Ducksworth, Real Party in Interest, No.  201507690 (A. Ct. Crim. App. Feb. 1, 2016) (link to slip opinion). As is typical…

201602.02
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Pentagon Will Not Discipline Petraeus

Last weekend, Defense Secretary Ashton Carter decided not to impose any further punishment on retired Army General David H. Petraeus, who pleaded guilty to a misdemeanor charge of mishandling classified information while CIA director, an incident stemming from an affair with his biographer.  The decision by Secretary Carter proves that not all serious lapses in…