Therapeutic Jurisprudence And The Uniform Code Of Military Justice

This court works to help veterans avoid the traditional criminal system by providing those suffering with alcoholism, substance abuse, and mental-health issues with treatment, support, training, and housing. Judge Russell assigns each veteran a mentor, who is also a veteran from the same branch of service, who acts as a coach and motivator, helping to keep the rehabilitation process on track (“Leave no,” 2011).

a. Military authority is exercised promptly, firmly, courteously and fairly. Commanders should consider administrative corrective measures before deciding to impose nonjudicial punishment. Trial by court-martial is ordinarily inappropriate for minor offenses unless lesser forms of administering discipline would be ineffective (see MCM, Part V, and chap 3, AR 27–10).

One of the best examples of the success Veteran’s Treatment Courts can provide is that of Nick Stefanovic. In 2002, Nick Stefanovic joined the Marine Corps. He served one tour in Iraq, and two in Afghanistan. When he returned home in 2006, he started experiencing symptoms of Post-Traumatic Stress

HISTORY OF PRESENT ILLNESS: The client was referred to go a psychiatric treatment by his commanding officer. Due to this Antwone Fisher aggressively attacked one of his associate sailor and was fined him guilty for 200 dollars, restrict to the boundaries from the ship for 45 days and complete extra duty. The client is also

It is an unfortunate fact that thousands of military soldiers, both combat and noncombat veterans, find their way into America’s prison and jail systems. Of these incarcerated veterans, nearly half fought in the Vietnam War (Bronson, et. al.). Andrew Brannan was no exception to this. A decorated Vietnam veteran who suffered from severe post-traumatic-stress disorder and bipolar disorder, Brannan was sentenced to Georgia’s death row for the murder of police officer Kyle Dinkheller. The implications of the trials that followed and Brannan’s ultimate demise extend beyond the sleepy southern town of Jackson; rather, they suggest a broken and corrupted legal justice system that is in desperate need of improvement, with underlying themes of place,

“The cost of freedom is always high, but Americans have always paid it. And one path we shall never choose, and that is the path of surrender, or submission.” – John F. Kennedy. The American troops have always lived by this type of mentally and Kennedy is absolutely correct to say that Americans have to pay for it, especially our troops. Ever since the both World Wars, there has been an elevation on Traumatic cases within our soldiers regardless of their nation. However, the United States has become more aware of this on-growing situation, but just being more aware is not enough. We keep seeing a rise in the amount of these cases, and we are wondering, “When is this going to be fixed?” In order to understand this issue we need to go to the

1. I chose to cover special veterans’ courts for this paper. This court was created back in 2008 in Buffalo, New York. It was created by Judge Robert Russell in an effort to help veterans who have broken the law due to the adverse psychological and emotional effects that military service can have upon a service member. Some veterans, after undergoing various combat situations, being cut off from family and friends, and other hardships associated with being in the military, are not able to properly assimilate back into civilian life, if at all. They may resort to drug use or alcoholism to cope, and/or act out in other ways as well. In the various articles of this kind of court I’ve read, courts usually require that the veteran’s offense

“An Iraq veteran with a history of addiction was found dead on the floor of his room in a VA, he was given a 30 day supply of ant-anxiety medication and a 15 day supply of methadone (Glantz, A, 2014).” “A veteran shot himself in the head in a VA psych ward in Minnesota and a delusional veteran jumped off the roof of a Portland (Glantz, 2014).” Glantz (2014) reported that while in a locked psychiatric unit a veteran had overdosed on morphine. A 31-year-old Iraq veteran that was denied a PTSD rating shot himself, leaving three kids and a wife, “three months after his death the VA reversed itself, saying it was clearly and unmistakably in error (Glantz, 2014).” “Independent legal analysts say the nearly 1000 wrongful death payments in the decade after 9/11 represent a small percentage of the veterans who died because of malpractice by the Department of Veterans Affairs (Glantz, 2014).” Glantz (2014) reported that unlike in

Throughout history, the United States Military has faced numerous scandals. From its role in the Vietnam War, to the Iran-Contra Affair, to the Iraq War, to the abuse and denial of due process rights to detainees currently held indefinitely at the detention center at Guantanamo Bay, Cuba; the Department of Defense has undeniably raised many questions about its ethics and treatment toward both civilians and fellow members of the Armed Forces alike. One recent scandal, which would now appear to be becoming the standard, is that of sexual assault within the military. However, due to a campaign of awareness, grassroots activism, and pressuring elected officials to do what is right, things are now beginning to change.

The reader realizes the the article, “Rough Justice,” is the most relevant and sufficient article to support it because of the way of the author's strategies he/she uses throughout the text. The writer uses comments from a variety of reliable people from different places. For example, “The U.S. government, the U.S. Senate and the U.S. media took the opportunity to ridicule us, saying the sentence was too severe” (Reyes 181). Most quotes that are also explained emphasizes the comments from other credible people by demonstrating it from their perspectives.

They utilized specialized legal terms that only individuals in the legal profession would understand. Espoused values as illustrated by Schein (2009) are: “strategies, goals, philosophies” (p.21). For the Marines at Guantanamo Bay, their purpose was to provide security for the Unites States of America under the guidance of the commanding officer (Col. Nathan R. Jessep). During the trial, Capt. Jack Ross provided two manuals that Marines are to follow: The Marine Guide and General Information Handbook for New Recruits and The Marine Corps Guide for Sentry Duty at Guantanamo Bay, Cuba which provided the basic outline for Marine actions, responsibilities and duties. As for the lawyers involved, they shared a pre-requisite fundamental knowledge of the law. They all had law degrees as well as being members of the Armed Services. These two cultures, attorney and military produces a unique culture, having its own terminologies and decorum practices. They had specific responsibilities and guidelines that had to be followed, as both council and officers. As for underlying assumptions or shared tacit assumptions, Schein (2009) provides the following description about them: “unconscious, taken for granted belief, perceptions, thought and fillings (ultimate source of values and action)” (p. 21). The Marines as described by Lance Cpl. Harold W. Dawson followed a code: “Unit, Corps, God, County” (Brown & Reiner, 1992).

Uniform Code of Military Justice (USMJ) is what the military uses to prosecute and court-martial its members. Yet in the UCMJ, Commanders have the authority to overturn a guilty verdict in the case

This case study raises questions not only of how soldiers of alternate sexualities should be treated within the context of

Costanzo et al. (2007) implore military authorities to issue clear directives regarding unacceptable practices in the interrogation of prisoners, as well as employ effective monitoring procedures of their detention facilities, especially during times of war. It is their opinion that, unless high-ranking officials directly prohibit the use of torture as an

Having called the tune, Cintolo cannot be excused…on the basis of his vocation…[We] emphatically reject the notion that a law degree, like some sorcerer’s amulet, can ward off the rigours of the criminal law. The law itself is not a shield for ethical wrongdoing, legal ethics and how they are applied by international lawyers has become the subject of much contention since the infamous memorandum drafted in 2002 by Jay Bybee and John Yoo (Yoo) otherwise known as the ‘torture memo’. This essay seeks to examine the issue of legal ethics through the lens of the experience of Yoo and what this means for the provision of international legal advice in the United States (US) system. This examination will look at, first, the ethics of lawyers in the US system. Secondly, how legal advice is provided based on who the client is and the advantages of each approach. Third, ethics will be explored through the legal advice provided in the Office of Legal Counsel (OLC). Fourth, how international human rights law (IHRL) applies and how the torture memo sought to ignore it. Finally, a look at how do we strengthen legal ethics to ensure what happened during the Yoo years never repeats.