Military Suicide Statute Gets Reviewed

As the suicide rate climbs among American service members, a decades-old statute that makes attempted suicide a military crime will be reconsidered for the first time since 1991 "when it was upheld". The statute was instituted during World War II as a way to deter troops who faked their suicides as a means to avoid duty.

A current case involving a former Marine who received a bad-conduct discharge as well as 180 days in the brig for his actual suicide attempt is being heard to determine the relevance of the old law when applied to the current military climate and the issue of deteriorating mental health among soldiers.

Defense lawyers in the case will seek to have the bad-conduct discharge dropped as the ruling prevents the individual from receiving mental health and other veterans benefits necessary to his recovery.

If you or someone you know needs help with a Military Criminal Defense issue, contact Criminal Defense Attorney John L. Calcagni now at (401) 351-5100 for a free consultation or more information.

To read the original article with the details of this case, click HERE

Military Justice System and Civilian Victims

If you are a United States service-member in need of assistance with a civilian or a military criminal matter, contact Criminal Defense Attorney John L. Calcagni now at (401) 351-5100 for a free consultation or more information. Remember to subscribe to my blog for updates on military and criminal law matters.

Afghan massacre case tests military justice system on troops accused of killing civilians

JOINT BASE LEWIS-McCHORD, Wash. — The U.S. military has been criticized for its spotty record on convicting troops of killing civilians, but a hearing against Army Staff Sgt. Robert Bales involving a massacre in Afghanistan has shown that it isn’t like most cases.

Government prosecutors have built a strong eyewitness case against the veteran soldier, with troops recounting how they saw Bales return to the base covered in blood. And in unusual testimony in a military court, Afghan civilians questioned via a video link described the horror of seeing 16 people killed, mostly children, in their villages.

Law experts say the case could test whether the military, aided by technology, is able to embark on a new era of accountability.

Bales faces 16 counts of premeditated murder and six counts of attempted murder. The preliminary hearing, which began Nov. 5 and is scheduled to end with closing arguments Tuesday, will determine whether he faces a court-martial. He could face the death penalty if convicted.

Read the full article HERE

Former Defense Secretary Rumsfeld Enjoys Immunity in Torture Claim by American Civilians

A recent decision by the 7th U.S. Circuit Court of Appeals seems to give "blanket immunity on all levels of military command up to the defense secretary" for the misuse of their training and power by those in the field.

Two American civilians who were working for an Iraqi-owned company suspected the company was illegally running guns. When they reported this situation to U.S. forces in Iraq, they were detained and tortured for several weeks while being held in military camps. When these men brought a lawsuit against former Defense Secretary Rumsfeld, arguing that he was responsible for the behavior of the men under him, they were initially allowed to pursue the suit by a "three judge panel of the same court."

Although the attorney for the civilians feels that it could be an eventual Supreme Court issue, his clients have not decided whether to pursue it at this time.

If you would like to read the article in its entirety, including the opinions of Rumsfeld's attorney and the Judges involved, you may do so by clicking HERE

If you are a United States service-member in need of assistance with a civilian or a military criminal matter, contact Criminal Defense Attorney John L. Calcagni now at (401) 351-5100 for a free consultation or more information.

Military Sex Crimes - "U.S. Army General Begins Hearing"

In a rare military sex crime allegation against a U.S. Army General, Fort Bragg officials convened this week for the Article 32 hearing that will determine whether a court martial will convene against the General.

The investigation was initiated by Maj. Gen. James Huggins, a personal friend of Gen. Sinclair who is also Huggins' deputy commander, after the female officer came to him to discuss the situation and events involving Gen. Sinclair and herself.

Gen. Sinclair will possible face a court martial for charges ranging from wrongful sexual conduct, violating order, engaging in inappropriate relationships, forcible sodomy, adultery, and others. While the female officer, who was described by Gen. Huggins as being "exceptionally emotional, fearful" may also see an end to her military career.

If you would like to read the entire article, you may do so HERE

If you are in danger of facing Court Martial or other criminal charge as a service member yourself, you will need an experienced Military Defense Attorney to help you. Contact John L. Calcagni now at (401) 351-5100 for more information.