Military Legal Matters
Questions About Military Drug Testing
While preparing for a court-martial case at Fort Bragg I had the chance to speak with a Forensic Toxicologist who was one of my experts for the case. The Toxicologist works as a civilian for the military. He has spent years working with military drug testing facilities and is familiar with their internal processes and the studies that evaluate military drug testing procedures.
Jonathan W. Crisp, Owner of Crisp and Associates LLC, weighs in on Non-Judicial Punishment
Article 15s/Mast/Non-judicial punishment can have almost as devastating an effect on one’s career as an actual court-martial. The effect it can have is often dictated by the current OPTEMPO and command climate.
Will the Military Automatically Upgrade My Discharge?
One of the most common urban legends throughout the military is that a negative service characterization or discharge will be upgraded after six months. Throughout the last decade and a half that I have been practicing military law, I have heard this idea repeated many times.
Administrative Separation and Deployment Readiness
There has been a recent push throughout all military branches to decrease the number of “non-deployable” troops. The Army Chief of Staff recently stated that he wants 100% of military personnel ready to deploy by 2023. As part of this push, the Pentagon rolled out the “deploy-or-out” policy, effective 1 October 2018.
When Experts Matter
We litigated a hard-fought trial in Pennsylvania involving the death of a woman. We obtained a full acquittal after almost two years of motions practice and battling with the prosecution. Even though the trial lasted four long days, the jury deliberated for less than 30 minutes before reaching a verdict.
Should I Go Judge Alone?
One of the frequent questions I hear in my practice relates to whether or not a military member facing court-martial should “go judge alone.” That means that a military judge rather than a court-martial panel will decide guilt or innocence and then decide on an appropriate sentence.
FITBITs’ Targeted by New ARMY Memo
Fitbits’ are targeted by the military. On 3 August 2018, the Deputy Secretary of Defense authored a Memorandum that may outlaw most fitness devices, tablets, applications, and other software used by deployed Soldiers.
Space Force Details Announced
Vice President Mike Pence recently announced details of the Trump Administration’s plan for a sixth branch of the U.S. military, the Space Force. Vice President Pence stated that the White House aims to have the Space Force operational by the year 2020 and will request 8 billion dollars over the next five years to fund the new Armed Forces branch.
Naturalization Through Service
Recently, Military.com ran an Associated Press story about the Army quietly discharging immigrant recruits. I found this story particularly troubling because immigration is a hot-button political issue impacting families all over this country.
Temporary Disability and Severance Pay
As a Soldier, physical and mental fitness for duty is required to serve. If an injury or illness has compromised a Soldier’s ability to serve, medical retirement does not automatically follow.
Is a “Guilty” finding at NJP an actual “Conviction?”
Not a Criminal Proceeding. A guilty finding at a non-judicial punishment should never be considered a ‘conviction’ because it was never meant to be a
Misconceptions About Sexual Assault in the Military
In today’s military environment, every military member is required to attend training related to sexual assault response and sexual assault prevention, often referred to as “SARC” or “SHARP.” Sadly, the information provided in these training sessions often contradicts military law and the Uniform Code of Military Justice.
