The high-profile court-martial case of Sgt. Bowe Bergdahl is set to take place between August 8th and August 19th, 2016. Bergdahl faces charges of desertion and misbehavior before the enemy after leaving a military base in eastern Afghanistan in June 2009. Shortly after his alleged desertion, Bergdahl was captured by Taliban militants and spent the next five years being tortured in captivity until being freed in a highly controversial prisoner swap approved by President Obama. In exchange for Bergdahl’s release, the United States handed over five high-profile Taliban prisoners held at Guantanamo Bay.
Bergdahl could spend the rest of his life in a military prison if convicted of these charges.
There has been a great deal of speculation as to what exactly sparked Bergdahl’s decision to leave his unit and the details of his relationship with his captors, with some accusing him of being a Taliban sympathizer and helping plan attacks against American soldiers. While details surrounding his time in captivity are still unclear, Army investigations and witness accounts of other soldiers within Bergdahl’s unit have uncovered some new information about his history.
Past Diagnoses of Mental Illness
Bergdahl’s army enlistment was not his first experience with the United States armed forces. According to a March 2016 article published by the New York Times, in 2006, he was rejected from Coast Guard basic training due to being diagnosed with “adjustment disorder with depression.” In a following psychiatric evaluation conducted in the time period before his desertion, Bergdahl was diagnosed with “schizotypal personality disorder.” Interestingly enough, while his first diagnosis would ordinarily be a red flag for recruiters, the army chose to ignore his mental health history by granting him with a waiver allowing him to enlist, possibly due to serious shortage of enlistments at the time.
Why Did Bergdahl Leave His Unit?
According to interviews with Bergdahl himself, he chose to leave his unit in an effort to create a crisis of sorts in order to highlight what he felt were “dangerous leadership problem(s) in his unit.” He left the military base, unarmed, to travel 18 miles to a nearby base to seek “an audience” with a general there before being captured en route to his destination. This story is consistent with the final email Bergdahl sent his parents before being captured, describing how he was “ashamed to even be American” and claiming that his “battalion commander is a conceited old fool.”
Bergdahl has been open about his influence by the iconic Ayn Rand novel Atlas Shrugged and made references to its character John Galt in communications with friends before leaving his unit. In the novel, John Galt is an industrialist who is determined to stop communists from taking over the world by stopping the “engine of the world” in a heroic self-sacrifice. Bergdahl has stated that, like Galt, he saw the Army as a corrupt “engine” and wanted to bring it to a stop. These similarities continue, as Galt is tortured by his enemies until being saved by his allies at the end of the novel. Unlike Gualt, however, Bergdahl has not been hailed as a hero by his comrades.
Charged with a Military Crime? Call (888) 490-0876
If you are a service member and have been charged with a crime, military criminal defense attorney Greg D. McCormack can defend your rights and use his vast legal knowledge to fight for a reduction or dismissal of your charges on your behalf. With more than 35 years of dedicated legal experience, he can provide the aggressive defense you need to maximize your chances of securing a favorable outcome for your situation.
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Sometimes, when military service members choose to relax on their off-days, alcohol consumption is involved. While we can all understand a service member’s want to rest and relax, and agree that they certainly deserve this opportunity, matters can quickly get out of hand if there is excessive consumption of alcohol.
Out of all the reasons a military member could face either civilian or military criminal charges and relevant repercussions, public intoxication – or drunk in public – is up there among the most common.
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In order to be arrested for public intoxication, two elements of the crime must generally be fulfilled:
- Public: As the name suggests, you actually need to appear in public. This, however, could include sitting in a vehicle, or even being in private yard viewable to areas ordinarily accessible by the public.
- Intoxicated: If your behavior is altered in any way by alcohol’s presence in your system, you can be considered intoxicated. Police are not required to offer a breath or sobriety test – they can arrest based simply off of their observations of your speech, behavior, and mannerisms.
Consequences of Public Intoxication
If a service member is arrested for public intoxication, the penalties can essentially be double that of what non-military personnel could face. On top of fines and jail time, a military member can face dishonor and ridicule within their unit or command, and could be subjected to administrative or non-judicial punishment, possibly losing rank or facing an administrative separation action.
Defense Against Drunk in Public Claims
Do not think that there is no way to defend yourself if you are arrested for public intoxication. Although it might seem difficult, an uphill battle is never guaranteed to be unwinnable. You need to work with a trusted military criminal defense attorney who can craft a reliable defense.
Attorney Greg McCormack of McCormack & McCormack can explore your defense options, which may include:
- Intoxication: Many public intoxication arrests will be based on behaviors a police officer observes. Actual blood alcohol or sobriety tests are often not conducted at all, which creates the opportunity to argue that you were never intoxicated.
- Harmlessness: People who are technically intoxicated due to their blood alcohol concentration (BAC) level but cause zero real disturbances sometimes are cut a break by the court at trial. Often times, our attorneys can present evidence mitigating the circumstances to the judge, which may result in the charges being dismissed.
- Involuntarily public: In many public intoxication cases, the defendant did not wish to be in a public place but was instead ordered there by the officer, such as the case when they are told to step outside of their own house for police questioning. This can sometimes be a valid defense.
Were you arrested or detained for public intoxication while either on or off base? Let Military Criminal Defense Attorney Greg McCormack stand by your side and defend your rights and military career. With more than 36 years of experience handling all manners of criminal cases in defense of military personnel, he has gained a strong reputation as a premier lawyer from coast-to-coast.
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Is Adultery a Crime in the Military?
Under the Uniform Code of Military Justice (UCMJ), it is a punishable criminal offense for a service member to engage in adultery. The act of adultery is defined as a situation where a service member engages in sexual relations with someone other than his or her spouse. A soldier who is single and has sex with a married person is also considered to be adulterous. These acts are considered to be of a nature that brings discredit upon the armed forces and is in violation of good order and discipline.
It is no defense to claim that a person was legally separated from their spouse at the time of the alleged intercourse. Accused service members may be subject to administrative action or a court martial.
What are the Elements of an Adultery Case?
Under the UCMJ, in order to be proven guilty of adultery the prosecution must prove the following:
- The accused had wrongful sexual intercourse with a certain person.
- The accused or the other person was married to someone else at the time.
- The accused’s conduct was to the prejudice of good order or was of a nature that brought discredit upon the armed forces.
While element two can be relatively easy for the government to prove, providing sufficient evidence to satisfy elements one and three can be challenging. Like a civilian court, a court martial requires proof beyond a reasonable doubt to secure a conviction. Proving sexual intercourse can be tricky unless concrete evidence exists, such as eyewitness testimonies, photographs, or a confession from an involved party. Displaying a negative impact upon the integrity of the military can be similarly difficult, as this is normally applicable to instances of fraternization or relationships between service members.
What are the Penalties for Adultery in the Military?
If proven guilty, a service member can face a number of serious penalties including jail time, a punitive discharge, demotion, a letter of reprimand, and possible denial of benefits. For this reason, if you are ever accused of adultery, it is vital you retain the services of a powerful military criminal defense lawyer as soon as possible to defend you against these consequences.
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If you are facing military adultery charges, the military criminal defense attorney from McCormack & McCormack can defend your freedom and maximize your chances of securing a desirable outcome for your situation. With a former U.S. Army JAG officer within our ranks, we are equipped with the knowledge and skills to help you get through this difficult time with your reputation and career intact.
To find out more about how we can help, contact our firm online or request a free consultation today.
A new reporting system is set to launch in mid-2016 that will increase the government’s and the public’s ability to track military-based sex offenders. The United States Department of Defense (DOD) will be required to report names of military sex offender convicts to the Department of Justice (DOJ) federal sex offender database. From there, it can be passed on to any number of publically accessible lists, websites, and catalogues. The changes are being called for after it was discovered through multiple investigations that military personnel convicted of sex crimes had been able to avoid sex offender registration through legal loopholes.
According to the Associated Press, the majority of convicts in military prisons – roughly two-thirds of them – are there for sex crimes. About half of that population – or one-third of all military prison inmates – have been convicted of sex crimes involving children. U.S Representative for Colorado, Mike Coffman, expressed his own concern by saying that it is almost guaranteed that a military sex offender who shirks registration will commit a similar crime again. Part of the issue stems from the fact that military sex offenders do not have to register to any lists before they are released from confinement, but are instead expected to do so on their own once they return to their hometown.
When enacted, the changes to the systems should greatly expand the visibility of child sex offense cases in the military to the public. Court-martials – or the trials of military personnel – take place on military bases where the public and the press are rarely permitted to be present. To this end, cases are virtually invisible, at least until later this year.
A Different Perspective on the Changes
Some military and legal professionals wonder if the increased attention to sex crimes in the military will lead to a biased public and court-martial light. With so many sex offenders in military prison, it begs the question: how many were assumed guilty before their case was even tried? The answer may require additional investigation.
If you are an active military service member and have been accused of committing a sex crime of any sort, you should contact McCormack & McCormack as soon as possible. Our military criminal defense attorneys have 40+ years of collective legal, trial, and court-martial experience to use to your advantage. Tell us the details during a confidential case evaluation and we can tell you your legal options.
Did you know that there are three different types of military courts-martial? The three different types of court martial are: summary, special, and general. The concept of court-martial law is foreign to many, as this legal process can be extremely complex at first glance. To help clear up some confusion, our firm has detailed the differences between the three types of courts-martial and what each type means for you.
Basic or Summary Court Martial
In a basic or summary court-martial, the procedure is simplified for the purposes of resolving minor charges of misconduct. In this process, a single officer acts as the sole finder of fact, with the accused not being entitled to obtain military defense counsel. Some services such as the United States Air Force, however, will provide free legal representation for accused service members tried at summary-court martial. Others, however, may only retain representation at their own expense.
Summary court-martial generally carries much lesser penalties than a Special or General court-martial, with punishments ranging depending on the accused’s paygrade. Accused service members must consent to being tried by a summary court-marital, otherwise the command may use other means of dealing with the infraction such as petitioning for trial before a general or special court-martial. Officers, however, may not be tried by summary court-martial.
Special Court Martial
Special court-marital trials are more serious than summary trials. In this intermediate level, a military judge, prosecution, defense counsel, and a minimum three-officer jury are involved. Accused enlisted service members have a right to request that the court consist of at least one-third enlisted personnel, as well as the right to request a trial by judge alone. Depending on the charges, maximum penalties for infractions tried by special court-martial include one year of confinement, loss of two-thirds of basic pay for a period of six months, and a possible bad-conduct discharge for enlisted personnel.
General Court Martial
A general court-martial is the highest military court level that a service member can be prosecuted and carries the highest possible penalties. Similarly to a special court-martial, this process involves a military judge, prosecution, defense, and a minimum of five other court members. This is reserved for the most serious charges, including those that carry the possibility of the death penalty. Other penalties for general court-martial tried charges include confinement, dishonorable discharge, officer dismissal, and several other punishments.
Before this process begins, a pretrial investigation must be conducted under Article 32 of the Uniform Code of Military Justice unless otherwise waived by the accused service member. Free military legal representation is offered to the accused, though private civilian counsel can be retained at the accused’s expense.
Facing Court-Marital? Contact McCormack & McCormack Today
The military criminal justice system is extremely serious, carrying a 90% conviction rate. If you are facing charges, it is imperative that you retain the services of a trial-tested military criminal defense attorney from McCormack & McCormack as soon as possible to maximize your chances of securing a desirable outcome for your situation. Having defended countless military service members since 1979, our firm can provide the hard-hitting representation you need during this difficult time.
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According to a report from the Government Accountability Office (GAO) that was submitted to the House of Representatives and the Senate Armed Services Committees, the Department of Defense (DOD) has not done nearly enough to reduce the prevalence of sexual violence within the military. While the Pentagon has been making strides to eliminate sexual assault for about a decade, it appears that these efforts have been grossly ineffective and still have a long way to go.
Reported instances of sexual assault have increased by an astounding margin from 2,800 in 2007 to nearly 6,100 in 2014, though the actual numbers are likely to be much higher when considering estimates that suggest only 25 percent of victims report their incident. It is estimated that 20,300 active-duty military members were victims of sexual assault in 2013 alone.
Out of the 18 different tasks that the DOD has planned in accordance with an extensive strategy revealed last year, only two of these methods have actually been implemented. Worse yet, the DOD has not given the four branches of the military proper instructions nor staffing to even handle these efforts. One military base in the GAO’s report cites that only one program coordinator and one victim advocate were given the responsibility to serve 1,200 people.
The DOD has responded to this report claiming that while it agrees that better efforts need to be made to remedy the issue, the rising number of reported incidents is a reflection of the increased confidence of service members in the department’s response rather than a failure of the existing preventative measures.
Accused of Sexual Assault? Call (757) 463-7224
If you are a service member facing charges for sexual assault or rape, a military criminal defense lawyer from McCormack & McCormack can defend your rights in a court of law and maximize your chances of securing a desirable outcome. Having served accused members of the military since 1979, our former JAG Officer can provide the hard-hitting advocacy you need during this difficult time.
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