Military Justice Reforms Needed in Combat Zones?

Changes may be coming to the way military members accused of crimes against civilians in combat zones are tried.

2012-09-14

September 14, 2012 (Press-News.org) The decision of United States Secretary of Defense Leon Panetta to order a review of the military justice system in place in combat zones has brought attention to an oft-overlooked problem affecting active duty servicemembers: making sure that justice is done when there are criminal interactions between the military and civilians in war zones.

Panetta's Decision

The memo issued by Secretary Panetta's office directs the Defense Legal Policy Board to form a subcommittee tasked with reviewing the military's response "in cases of U.S. Service members alleged to have caused the death, injury, or abuse of non-combatants in Iraq or Afghanistan." The stated purpose of the review is to ensure that the Uniform Code of Military Justice provisions governing combat zone judicial proceedings is still relevant, fair and applicable in the modern world.

Both Secretary Panetta and Pentagon legal spokesman Jeh Johnson have expressly denied that the decision to review legal proceedings in combat zones was motivated by any specific past or ongoing cases. That being said, though, there have been several high-profile incidents in the midst of the conflicts in Afghanistan and Iraq involving multiple civilian deaths and little or no punishment handed down on the accused.

A notable case in Iraq involved the death of 24 civilians at the hand of eight Marines where only one of the accused was tried, and even then, it was not for murder, but instead for dereliction of duty. Another widely publicized case was one from Afghanistan that left 16 non-combatants dead and one soldier accused of the mass shooting that killed them.

What Happens Next?

The subcommittee, co-chaired by retired Army TJAG Walter Huffman and former General Counsel of the Department of Defense, the Honorable Judith Huffman, has seven months from the date of Secretary Panetta's memo to issue a report analyzing the current system of military justice in combat zones. It is unclear at this time whether the committee will recommend changes to the military justice system or not, but any military man or woman accused of a crime - whether or not it involves civilians or is in a combat zone - should seek the counsel of a skilled criminal defense attorney.

Article provided by The Law Offices of Phillip Stackhouse, PLLC
Visit us at www.militarydefender.com

ELSE PRESS RELEASES FROM THIS DATE:

Federal Sentencing and Drug Trafficking

2012-09-14

Drug trafficking is commonly referred to as the sale and distribution of illegal drugs. It considered a serious hazard that affects every sector of our society, as well as a threat to national security. For many, the term conjures up memories of infamous drug lords featured in movies and television. While Tony Montana and Stringer Bell may be household names, the types of crimes that rise to federal jurisdiction are not. Nevertheless, drug trafficking is punished harshly under federal law. For example, a person caught with 500 grams of cocaine (or 28 grams of cocaine ...

Some Summer Days Are the Deadliest on the Road

2012-09-14

Summer vacations on the road are a national past time. They allow countless families to bond while having fun and creating that will last a lifetime. Tragically, though, many of them end with injury-causing motor vehicle accidents. Eight of the 10 deadliest days for roadway accidents are in the summer, falling between July 4th and Labor Day. The 100 days between Memorial Day and Labor Day even holds the dubious distinction of being known as the "deadliest days on the road for teens," and the month of August is traditionally when the highest concentration of fatal ...

CIETAC Dispute Leads to Suspension of Chinese Arbitration Venues

2012-09-14

One of the primary services provided by international arbitration attorneys is helping business clients choose the proper venue for possible future disputes over contracts or other legal issues. Depending on a client's business aspirations and various factors unique to alternative dispute resolution processes, an ADR lawyer can advise companies doing business in Asia, Europe, Central and South America, the Middle East or elsewhere. Many factors lie behind a choice of venue for international arbitration disputes, including access to tribunals in a particular country or ...

Study Finds Safety Incentive Programs May Decrease Injury Reporting

2012-09-14

The results of a recent study have prompted the Government Accountability Office (GAO) to request that OSHA provide employers with guidance on how to properly implement a safety incentive program that does not discourage employees from reporting workplace injuries or illnesses. The recommendation was made after a study showed that certain types of safety programs disincentivized reporting. At Issue: Rate-Based Programs The GAO targeted rate-based safety incentive programs in particular. Rate-based safety incentive programs reward workers for low rates of reported ...

The Florida Supreme Court Upholds Controversial Drug Law

2012-09-14

The Florida Supreme Court recently reaffirmed the constitutionality of a provision in the state's Drug Abuse Prevention and Control Act that has been steeped in controversy. The state Supreme Court's decision allows the court system to continue to unfairly discriminate against defendants. The court's ruling will likely be challenged in federal court. The Florida Supreme Court's Ruling In a 5-2 decision, the state Supreme Court upheld a provision of Florida's drug laws that specifies an accused's knowledge that he or she possessed illicit drugs is not a factor in his ...

FMCSA Issues Tire Blowout Bulletin After Recent Bus Accidents

2012-09-14

In the aftermath of most motor vehicle accidents, identifying evidence of driver negligence is always a primary concern. Just as important, a car or truck accident attorney must also consider whether dangerous roadways, defective vehicle parts or other factors may have led to the crash. The Federal Motor Carrier Safety Administration (FMCSA) recently issued a safety bulletin to motorcoach companies warning them that excessive weight can lead to tire blowouts, a factor that may have caused two recent high profile bus accidents. Double-decker coaches operated by Megabus ...

"Black Boxes" Now Required for Commercial Vehicles

2012-09-14

The new highway-funding bill signed by President Obama in July 2012 includes a mandate aimed at making America's roadways safer: the requirement that commercial carriers install Electronic On Board Recorders (known colloquially as "EOBRs," "black boxes" and "tattle boxes") in their vehicles beginning on October 1, 2012. Legislation requiring EOBRs was introduced following Congress' updating of federal hours-of-service (HOS) regulations earlier this year. The version of the funding bill passed in the House of Representatives in late July ...

NTSB Reports Increase in Aviation Accidents in 2011

2012-09-14

In 2011, the National Transportation Safety Board (NTSB) reports that there were 1,550 civil aviation accidents, an increase from 1,500 in 2010. Of those, 1,466 fell into the "general aviation" category, comprised of "Part 121" (commercial air carriers like Delta, United Airlines, AirTran or Southwest) and "Part 135" (on-demand commuter services) vehicles. The umbrella term "civil aviation" encompasses all manner of air travel, including commercial airlines transporting both passengers and freight, private planes, corporate jets, ...

Will I Lose Everything If I Declare Bankruptcy in Arizona?

2012-09-14

With an economy already suffering from a disastrous housing market, Arizonans continue to be buried under seemingly endless mountains of debt. It is important to note, however, that many of those getting deeper in debt are not doing so by freely buying frivolous products; many simply cannot afford to pay off debt because they have fallen on hard times - all the while the interest merely adds to the person's debt. The loss of job or unexpected medical bills can easily create a situation in which a person falls behind on their bills for the first time in their lives. Many ...

Latest Michigan OWI Crackdown Targets "Professional" Drunk Drivers

2012-09-14

In Michigan, drunk driving can carry harsh penalties. Various drunk driving offenses under state law include operating while intoxicated (driving with a blood alcohol content of .08 or above), high BAC or "superdrunk" OWI (driving with a BAC of .17 or above) and operating while visibly impaired (in which no chemical test is required, and arrest is solely at the discretion of the arresting officer if he or she feels you are unable to operate your vehicle). While there are a variety of drunk driving charges, all of which include stiff penalties, many motorists ...

The Lancet Obstetrics, Gynecology, & Women’s Health: Taking paracetamol during pregnancy does not increase risk of autism, ADHD or intellectual disabilities, confirms new gold-standard evidence review

Military Justice Reforms Needed in Combat Zones?

ELSE PRESS RELEASES FROM THIS DATE:

LAST 30 PRESS RELEASES: