Colby C. Vokey, LtCol, USMC (Ret.) | January 28, 2016 On December 28, 2015, the Department of Defense submitted a legislative proposal to Congress to change, yet again, the military justice system. The Military Justice Act of 2016 may just be the death knell of military justice and the rights of military servicemembers. This proposal …
Colby C. Vokey, LtCol, USMC (Ret.) | June 4, 2015 The Senate voted to advance the USA Freedom Act as expected. While this act still leaves a lot to be desired, it does contain one vital provision – a requirement that the secretive Foreign Intelligence Surveillance Court appoint an attorney advocate to advise the court …
May 25, 2015 On Memorial Day, we remember those who made the ultimate sacrifice fighting for our country. There are many, many out there. But on this day, I want to highlight one. Second Lieutenant John Bobo, USMCR – there has been no greater hero. His Medal of Honor citation is below and that’s all …
MILITARY JUSTICE CHANGES – BAD NEWS FOR THE ACCUSED SERVICEMEMBER PART II – THE GUTTING OF THE ARTICLE 32 HEARING Colby C. Vokey, LtCol USMC (Ret.) Over the last several years, radical changes have been made to the UCMJ, the Rules for Courts-Martial (RCM), and the Military Rules of Evidence (MRE). None of these changes …
MILITARY JUSTICE CHANGES – BAD NEWS FOR THE ACCUSED SERVICEMEMBER PART I – New Mandatory Minimum Sentences Colby C. Vokey, LtCol USMC (Ret.) Over the last several years, radical changes have been made to the UCMJ, the Rules for Courts-Martial (RCM), and the Military Rules of Evidence (MRE). None of these changes have been made …
CONTEMPT PROCEEDINGS ARE ONE-SIDED – AGAINST THE DEFENSE Every year, the Joint Service Committee solicits public comments for its review of the Manual for Courts-Martial. For 2015, those comments are due during April. Zachary Spilman, author and editor of CAAFLOG, sent such comments to the Joint Service Committee with a number of proposed changes to …
The United States has prosecuted more war crimes for the conflicts in Iraq and Afghanistan than World War I, World War II, Korea and Vietnam combined. Far more. In these recent conflicts, we have seen overly restrictive, vague and obstructive rules of engagement. We have an incredible number of military lawyers inserting themselves in every …
The Army has decided to charge Sergeant Bowe Bergdahl with a number of offenses, including desertion and misbehavior before the enemy. I don’t know what the evidence will show but this whole decision smells political. Over the last several years, we have seen the Army bring a number of court-martial cases for political reasons. Is …
False confessions are just one more reason why it’s bad to make statements to authorities This story (see below) discusses the existence and prevalence of false confessions and how there are wrongful convictions due to an accused being coerced or tricked into making a statement, even confessing to a crime they didn’t commit. Many people …
Servicemembers stationed in overseas duty stations, such as Japan, South Korea, or Germany, face many challenges that can make work and family life difficult. After being stationed in Okinawa for three years and being deployed off-island to bases all over the world, Colby Vokey understands the hardships faced by our non-CONUS military. Although we strive …