Therapeutic Jurisprudence And The Uniform Code Of Military Justice

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

The military has been about being a cohesive group and working together as one. Thus, many victims do not report sexual trauma because of being accused of terminating that cohesive group regardless who should be blamed. Therefore the military has an option for the victims to file a restrictive or unrestrictive report. Thus, the victim has the choice to remain anonymous in a restricted report, and receive necessary medical and psychological treatment. Or victims can choose an unrestricted report and press formal charges against the assailant, but they must disclose all of their information as well (Williams & Bernstein, 2011). This can come at a high cost to the victim if they want to press charges against their assailant. For instance some victims are prosecuted under an Article 15 for drinking or adultery for the same incident (Krul, 2008). The circumstances could impair the victim’s aspirations of making the military a career in the future. That incident could further reduce any chances of future promotions or even could result in a discharge from military service.

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

This research project studies the effects veterans court has on the incarceration rate, and addresses the history, issues and concerns associated with the Department of Veterans Affairs. In this paper, you will find data collected from the Department of Corrections, Bureau of Justice, Department of Veterans Affairs, The Society for Military Psychology, The Community Mental Health Journal and Justice for Vets.Org. Veterans make up a large proportion of the incarcerated population, and it is important to address and find solutions to the incarceration rate increase, by separating the unique needs of veterans from the criminal justice system. The studies and research done show a correlation between a veteran’s military service related mental health and criminal behavior that leads to the entry of the criminal justice system. This project is done in dedication to Ethan Jacob Edelman, soldier and friend to many, died on Veteran 's Day, November 11, 2015, at his home in Denver, Colorado. He was born on September 30, 1991 and was enrolled as a first-year student at Metropolitan State University. Ethan was a classmate of mine, who had just recently ended his service contract and had PTSD among other ailments. He had been struggling with his transition and ended up in Jefferson County holding. He had been under medical supervision for a few

The Declaration of Independence expressed the concern that the military was an entity superior to civilians. The document asserts that King George III made the “Military independent of and superior to Civil power”. Complementing, It also expresses the concern of militia receiving trials in favor of them and reduced punishments when committing crimes to civilians of America. The Constitution addresses the concern of judicial bias for the military in Article 3. Section 2. It enacts that judicial power shall “extend to all cases, in Law and Equity”. Although this section of the Constitution does not explicitly mention the military, the concern of partiality in courts and the law is addressed. The Bill of Rights further addresses the problem of military superiority over civilians. In the second Amendment, it states that as an army is required to defend the country, civilians are given the right to bear arms in order to fight against a military power that stands to threaten them. The fifth Amendment establishes that a soldier cannot arrest a civilian without formal procedure. The Constitution fully addresses the concerns of military superiority threatening civilian

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.

Therapeutic Jurisprudence is the study of how aspects of legal system impacts the mental wellness.The implications of law on mental health is an ignored part of law. The research deals with the core idea of therapeutic jurisprudence and how it effects people placing reliance on various laws and legal practices prevalent in the legal system.In 1987, David Wexler conveyed a paper to the National Institute of Mental Health in the United States coining the term “Therapeutic Jurisprudence”.Therapeutic jurisprudence is the “study of the role of the law as a therapeutic agent”. Therapeutic Jurisprudence proposed that psychiatry, and extensive controls of the sociologies had significant depths of knowledge to offer to the field of law and psychological wellness and that the law and the legal system ought to endeavour to utilize the knowledge where appropriate. Therapeutic Jurisprudence is an interdisciplinary way to deal with the study and routine of law and focuses on the regularly undervalued part of the law and lawful performing artists' part in delivering helpful or anti-therapeutic results. It is a regulating structure that backers the utilization of the sociologies to illuminate the procedures and results of lawful communications and techniques. Therapeutic Jurisprudence impacts the procedures of the court and inclinations an extended rehabilitative part for criminal attorneys. Therapeutic Jurisprudence likewise impacts the way attorneys

Under the Fifth and Fourteenth Amendments, citizens are protected from national and state governments denying them their life, liberty or property without due process of the law and have a right to some form of trial or hearing. (Magleby, O’Brien, Light, Peltason, & Cronin, 2008., p. 470) Though the Supreme Court has refused multiple times to define due process conclusively saying instead that due process, “is not a technical conception with a fixed content unrelated to time, place, and circumstances,” but due process relates to the rules and regulations that restrain how the government exercises power. (Magleby, et al., 2008., p. 470) However, not everyone agrees what those rules and regulations should be or how the government exercises its

The applicant requests an upgrade of his under other than honorable conditions discharge to honorable. The applicant seeks, relief contending, in effect, that he was a good Solider prior to his return stateside from his deployment to Afghanistan, he felt as if he does not belong and had no place to turn. The applicant contends that he began drinking heavily and slipping into depression from his experiences in Afghanistan and life in general. The applicant further contends that at this point in time he began to go to behavioral health to seek assistance on how to better himself. After several months, Doctor O. recommended him for a psychiatric separation from the Army, which was denied twice by his commander, CPT. C. The applicant also contends that while he was awaiting for CPT C. decision, he underwent PRK surgery to correct his vision and he was prescribed oxycodone for pain relief. The applicant contends that he began to develop an addiction as the drinking and depression began to take its toll on him, being highly discouraged by his leadership not to return to behavioral health, his appointment became infrequent, and he continued to take oxycodone. The applicant states that he tested positive during a urinalysis and upon knowing that he would test positive, he immediately enrolled into ASAP, only to have one meeting because his command had already “signed off” on his separation packet. The applicant contends that he managed to beat his addiction, only failing one urinalysis test, and answer for his

In the U.S. system, federal courts use the summons of habeas corpus to determine if a state’s imprisonment of a detainee is lawful. With regards to the historical evolution of habeas corpus up to the current war on terror, the controversy between who has the right to habeas corpus and if the government has the right to hold an enemy combatant, without charging them with a specific crime, has progressed over the years. This essay will analyze the relevance of habeas corpus and evaluate different perspectives in regards to topics relating to habeas corpus.

Prisoners of war have been experimented on since the late 1930s. In world war 2 according to the medical ethics timeline:

Military tribunals have long been a controversial subject since most are created through Military Orders, which have been considered to be undermining the constitutional principle of separation of powers. For instance Bush Order instructed the Secretary of Defence to secure custody of anyone the President lists as subject to the Order. While the constitution requires, at an absolute minimum, that: (1) offences be characterised ahead of time by a positive legislation; (2) the legal branch be interested in testing whether any given individual is appropriately subject to the tribunal jurisdiction, and (3) whether the arrangement of tribunals in general accords with the constitutional commands. Invariably, the blueprint of tribunals eschews cardinal

The two cases, Hamdi v. Rumsfeld and Padilla v. Rumsfeld concern the unlawful arrest of U.S. citizen without charges or trial. In addition, the decision of both the lower court and the Supreme is determining whether such arrests by military officials violates due process of law, infringes the doctrine mandating the supremacy of civilian authority over the military and defies a congressional ratification ruling out the detention of U.S. citizens unless authorized by Congress. This paper shall discus the cases Padilla v. Rumsfeld (pages 325-331 in the Darmer text) and Hamdi v. Rumsfeld (pages 333-366 in the Darmer text). The first section provides the summary of the facts and main issues of each case. The second section presents the holdings and the reasoning of both the lower court and the U.S. Supreme court. The final section evaluates the decisions in the cases and their effect on the criminal justice system and individuals' civil rights.

In 2013, the Supreme Court heard the landmark, strikeout case of Smith v Ministry of Defence, which is of great significance; it extends the jurisdiction of the European Convention on Human Rights (ECHR) to military operations outside the UK. The case also exhibits the Court’s adopting of a narrow approach in the interpretation and application of the doctrine of ‘combat immunity’. “In effect, it extends a civilian understanding of duty of care and rights guaranteed by the ECHR to Service personnel in combat”.

Hamdi v. Rumsfeld, (2004), the Supreme Court held that an American citizen could not be held indefinitely as an “enemy combatant” without some form of due process.