introduction

This book is intended largely with defense counsel in mind. There are plenty of books and law review articles written by academics and for government attorneys. The authors wanted to write a book for young defense counsel that provided easy access to:-The elements of offenses;-Key areas to explore for potential defenses;-Practice pointers;-Lessons that we have learned over the years;-Potential pitfalls; and,-Important information about the offenses like lesser included offenses and maximum punishments.We wanted to create a source of information that would fit easily into a carry-on or litigation bag. Not all offenses in the Uniform Code of Justice are included. Military defense counsel often find themselves trying cases worldwide –sometimes under hostile conditions. We also wanted a resource that counsel could quickly review early in a case to orient the strategy, potential defenses, and where his or her efforts are best spent investigating and preparing for trial.Atthe time of drafting and publication, the law of sexual assaults in the military undergone near constant annual revision. The basic defenses and approaches to these cases remains unchanged. As subsequent editions are published, our work with Article 120, UCMJ will adjust accordingly. This reference is broken into subchapters for easy reference. This first subchapter for each military offense consists of the elements of the offense. It is always prudent for defense counsel to review the elements early in every consultation with a client. The elements will often guide the initial intake discussion.The second subchapter for each offense provides a discussion of the offense, when appropriate the legislative history, key points from the Manual for Courts-Martial, case law where relevant, practice pointers, and potential pitfalls for counsel. The third subchapter provides a list of the standard jury instructions from the Department of the Army bench book. This is a useful reminder for counsel to review the bench book instructions early in the case. The final two subchapters address the maximum punishments and lesser-included offenses. We have also included appendices that provide a panel voting chart and a quick reference guide to common legal issues encountered in trial. 

​Future editions will update the case law. We will provide additional discussion regarding practice pointers. We remain committed to ensuring that this work remain a valuable tool for defense practitioners in every branch.The authors have decades of experience practicing in every branch of service and nearly every installation. We have litigated cases involving most offenses in the Uniform Code of Military Justice. We have litigated courts-martial involving nearly every conflict since the Vietnam War. It has always been our experience that young military counsel often possessesa combination of intelligence, commitment to their clients, a passionfor defense work, and a strong desire to help achieve justice for their clients. Resources for defense counsel are often limited. Caseloads can be significant in some military jurisdictions. Hours are often long. This book is dedicated to those military defense lawyers in the trenches fighting for their clients interests.