By Capt Ryan Crnkovich and Capt Adam Merzel. This article summarizes the Air Force’s current guidance with respect to the admission of hearsay at administrative discharge proceedings.
Read More »Military Justice
The Procedural Guide
By Lt Col Bryon Gleisner. The procedural guide is an important step in the triggering of legal ramifications for both the accused and the government. Incorrect completion and reading of the procedural guide could have drastic consequences and result in needless litigation.
Read More »Avoiding Voir Dire Pitfalls
By Lt Col Willie Babor. This article will provide guidance and some best practices you can employ when preparing for voir dire in the military courtroom.
Read More »Administrative Investigations and Non-judicial Punishment in Joint Environments
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.
Read More »R.C.M. 905(e)’s New, Incomprehensible Standard
By Mr. James Young. 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.
Read More »“WHY WE FIGHT”
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.
Read More »Military Sexual Assault Testimony
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.
Read More »How to Achieve Success in Federal Magistrate Court
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...
Read More »Fighter Feedback: Utilizing F-15 Debrief Techniques to Improve Courtroom Performance
By Maj Benjamin Martin and Maj Mark Perry. Pilots use the post-sortie debrief as an immediate opportunity to draw out errors that occurred during the sortie…and internalize the lessons to prevent future reoccurrence. JAGs should adopt the post-sortie debrief methodology following courts-martial to improve trial litigation skills.
Read More »The Court-Martial of Private Vasily Shabunin: An Obscure Trial and Its Lasting Impact on Novelist Leo Tolstoy
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…
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