Article 120, UCMJ

August 7, 2014 - Public Meeting

Rape & Sexual Assault in the Legal System, Women's Law Project & AEquitas
Model Penal Code: Sexual Assault and Related Offenses, Tentative Draft No. 1, The American Law Institute, April 30, 2014Model Penal Code Article 213 - Prospectus for a Project of Revision, The American Law Institute, May 14, 2012Article 120, Uniform Code of Military Justice (UCMJ) (Text)Timelines of Amendments to Article 120, UCMJAnalysis of Crimes & Defenses Article 120, UCMJ, Professor Jim ClarkReport to the Joint Service Committee: Sex Crimes & the UCMJ (Excerpt)

Link to Full Report

Annual Review of Developments in Instruction, Army Lawyer, December, 2013
Neither a Model of Clarity Nor a Model Statute: An Analysis of the History, Challenges, and Suggested Changes to the "New" Article 120, Air Force Law Review, 2011

Link to Full Publication

Sex Offenses Under Military Law:  Will the Recent Changes in the Uniform Code of Military Justice (UCMJ) Re-traumatize Sexual Assault Survivors in the Courtroom?, Lisa Schenck
Military Judges' Benchbook (Excerpt-Article 120 Instructions)Comparison of Model Penal Code & Article 120, UCMJPresentation-Military Justice & Legislation (Mr. Dwight Sullivan)Presentation-Evolution of Article 120 (Mr. Dwight Sullivan)Section 541, FY12 NDAA (Text)Comments on Article 120, UCMJ - Professors Stephen J. SchulhoferComments on Article 120, UCMJ - Colonel Gary M. Jackson, United States Air ForceComments on The Military Services' Rules of Professional Conduct Concerning Communications with Represented Person - Mr. Dwight Sullivan, Office of the General Counsel, Department of DefenseComments on the Bill of Rights' Application in the Military Justice System - Mr. Dwight Sullivan, Office of the General Counsel, Department of Defense

September 19, 2014 - Public Meeting

Paragraph 45, Article 120 - Maximum Punishments
The Article 120 Implementation Challenge: Avoiding Unintended Consequences and Unjust Outcomes, Mr. Edward J. O'Brien, 2014House of Representatives Bill 430 - Protect Our Military Trainees ActMilitary Crimes and Defense Treatise (Excerpt on Article 120, UCMJ), Professor Victor Hansen, 2013The Redemptive Role of "Justification or Excuse" in Article 120(a) (2011), We Don't Need a New Statute; We Need New Implementation, Mr. Ronald WhiteA Contemporary Look at the Effects of rape Law Reform: How Far Have We Really Come? Journal of Criminal Law and Criminology, Dr. Ronet Bachman and Dr. Raymond Paternoster, 2013A Lifetime of Consequences: Registering Convicted Military Sex Offenders, The Reporter, Major Ryan Oakley, 2013Report on Protections for Prospective Members and New Members of the Armed Forces During Entry-Level Processing and Training, Department of Defense, May, 2014Proposed Revision to Model Penal Code, Section 213.2 (Tentative Draft), American Law Institute, April 30, 2014Sexual Abuse of Power, University of Florida Journal of Law and Public Policy, Mr. Michal Buchhandler-Raphael, 2010Report of Article 32 Investigation - United States Coast Guard - RedactedArticle 34 Advice - United States Coast Guard - Redacted"Red Line" Version of Article 120, Uniform Code of Military Justice - Representative FrankelFederal Register Notice, Manual for Courts-Martial; Proposed Amendments, dated October 23, 2012Written Statement, Colonel Mike Lewis, Chief, Military Justice Division, Air Force Legal Operations Agency

October 10, 2014 - Public Meeting

Article 120, Uniform Code of Military Justice (UCMJ) Deliberation Chart
Article 120, Uniform Code of Military Justice (UCMJ) - Statutory Issues SummaryArticle 120, Uniform Code of Military Justice (UCMJ) - Abuse of Power Amendment SummaryArticle 120, Uniform Code of Military Justice (UCMJ) - Bifurcation Summary

January 16, 2015 - Public Meeting

Two Steps Forward, One Step Back: Why the New UCMJ's Rape Law Missed the Mark, and How an Affirmative Consent Statute Will Put It Back on Target, Army Lawyer, Major Jennifer S. Knies, dated July, 2007
Justice and Discipline: Recent Developments in Substantive Criminal Law, Army Lawyer, Major Timothy Grammel, dated April, 2001When a Convicted Rape is not Really a Rape: The Past, Present, and Future Ability of Article 120 Convictions to Withstand Legal and Factual Sufficiency Reviews, 78 Military Law Review 216, Major Mark D. Sameit, dated 2013U.S. v. Schloff, U.S. Army Court of Criminal Appeals, dated December 16, 2014U.S. v. Leak, U.S. Court of Appeals for the Armed Forces, argued October 6, 2004U.S. v. Prather, U.S. Court of Appeals for the Armed Forces, argued September 28, 2010Manual for Courts-Martial [1969], Section 199, Article 120 - Rape and Carnal KnowledgeManual for Courts-Martial [2008], Section 45, Article 120 - Rape, Sexual Assault, and Other Sexual MisconductManual for Courts-Martial [2012], Section 45, Article 120 - Rape and Sexual Assault GenerallyAir Force Instruction 36-2909, Professional and Unprofessional Relationships, dated May 1, 1999Army Regulation 600-20, Army Command Policy, dated November 6, 2014Code of Military Justice Needs to be Updated for 21st Century, www.mysanantonio.com, Representative Jackie Speier & Loretta Sanchez, dated October 8, 2012Executive Order 12198, Prescribing Amendments to the Manual for Courts-Martial, United States, 1969 (Revised Edition), dated March 12, 1980National Defense Authorization Act, Fiscal Year 2013National Defense Authorization Act, Fiscal Year 2014Marine Corps Manual, with Chapters 1 - 3, dated March 21, 1980U.S. Navy Regulations, Chapter 11, Paragraphs 1165 - 1167, dated September 14, 1990Public Law 95-540, To Amend the Federal Rules of Evidence to Provide for the Protection of the Privacy of Rape Victims, dated October 28, 1978Sex Crimes and the UCMJ: A Report for the Joint Service Committee on Military JusticeAir Education and Training Instruction 36-2909, Recruiting, Education, and Training Standards of Conduct, dated December 2, 2013

December 11, 2015 - Public Meeting

Subcommittee Report to the Judicial Proceedings Panel - Article 120, UCMJ, dated December 11, 2015

January 15, 2016 - Public Meeting

Comments on Issue 10, Ms. Jill Wine-Banks, JPP Subcommittee Member, dated December 31, 2015
Memorandum, Proposed Indecent Conduct Offense, prepared by Mr. Kirtland Marsh - JPP Staff, dated November 12, 2015
Memorandum, Possible Revised “Indecent Conduct” Offense in Article 134, prepared by Mr. Kirtland Marsh - JPP Staff, dated November 12, 2015Comments on the Report of the Subcommittee on Article 120 of the Uniform Code of Military Justice, Deputy Assistant Judge Advocate General, US Navy, dated January 8, 2016Comments on the Report of the Subcommittee on Article 120 of the Uniform Code of Military Justice, Deputy Director (Community Development and Military Justice), Judge Advocate Division, US Marine Corps, dated January 14, 2016

 

 

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