Military Justice

By Capt Balaji Narain & Capt Dustin Banks. Intended to be an initial reference when conducting investigations or shepherding NJPs in a joint environment. By flagging the most salient distinctions between the services’ rules, our goal is to help the JAG practitioner keep an eye out for potential pitfalls.

By Col James Young, USAF (Ret). This article examines the historical context of R.C.M. 905, its newly enacted standard, and recommends changes to conform more closely to federal civilian practice.

By Lt Col Charles Warren. What good is being a subject matter expert in the administration of military justice if you cannot convince your colleagues, your commanders, and when it comes down to it, the court-martial members, that your application of the law is not only the correct one, but the just one.

By Maj Douglas DeVore II. The following describes a specific case where the federal officer removal statute was implicated through the creative use by civilian counsel. This article sets forth considerations that JAGs should consider when analyzing a case that implicates multiple jurisdictions.

By Capt David Rolek & Capt Gabriel Bush. Beyond the relevant AFI, there is little Air Force guidance available to JAGs on the administration and prosecution of magistrate court cases. This article identifies four practical ways JAGs can achieve success as SAUSAs in federal magistrate court...

By Maj R. Scott Adams. By the summer of 1866, Leo Tolstoy had been working on his titanic novel, War and Peace, for three years. During that midpoint of his work, Tolstoy’s masterpiece was briefly distracted by two men who visited his family estate and asked for his assistance. The men were junior officers from the 65th Moscow…

By Lt Col Tiffany Wagner, Capt Mark Steitz Jr., and Capt Brittany Tedford. The sanity board concludes that the accused is currently suffering from a mental disease or defect and is not competent to stand trial…. What do you do?... While it may not be common, when an accused is diagnosed with a severe mental disease that...

By Capt Patrick Milott. Expressing emotion in our digital lives presents unique challenges. Articulating joy, sadness, or laughter in non-verbal, non-word characters is a learned skill which can be interpreted differently than the author intended. Despite the danger of misinterpretation..the use of emojis and emoticons has increased.