I’m going to let you in on a little secret - in common law countries, like the United States, the law is practiced, largely, by comparing your case to all the other cases and finding things that are the same or different. Like a complex “spot the differences” exercise. As lawyers, we’re working to compare our facts to those facts and explain why they should or shouldn’t be treated in the same way. Sometimes the application is straightforward, and makes a lot of sense, and sometimes, like today’s case, it asks us to treat a single incident as a pattern.
I relied on the ACCA appellate opinion as well as the CAAF appellate opinion.
I referenced information about: Military Rule of Evidence 412, Xanax (1)(2), and Effexor.
This episode involved discussion of sexual assault. There are a number of resources available for survivors and victim of sexual assault, including the Rape, Abuse & Incest National Network (RAINN). They offer a free, confidential national sexual assault hotline at 800-656-HOPE as well as an online chat option.
Thank you for listening! If you enjoyed this episode, please take a moment to share, rate and review it wherever you listen to podcasts. I'm happy to receive constructive feedback or case suggestions at conductunbecomingpod@gmail.com. Join me over on Instagram @conductunbecoming!
Disclaimer: Conduct Unbecoming is a podcast where I get to talk about interesting crimes and cases that involve US military service members. I research, write, and produce the podcast myself… the opinions expressed are my own and, perhaps it’s obvious, Conduct Unbecoming is not approved, endorsed, or authorized by the Department of Defense. I am not a military JAG and have never been a military JAG. While I'm a practicing attorney, I don't do direct criminal defense. This podcast is a passion project, not legal advice or expert opinion.
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