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Flying Without a Net: United States v. Medina & Its Implications for Article 134 Practice
- Article from:
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The Army Lawyer
- Article date:
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June 1, 2008
- Author:
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Copyright informationCopyright Superintendent of Documents Jun 2008. Provided by ProQuest LLC. (Hide copyright information)
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It is a mystery to me why, after this Court's ten-year history of invalidating convictions for child pornography offenses under clause 3, and of upholding convictions for such offenses under clause 2, we continue to see cases charged under clause 3.1
And so it goes . . . Judge Stucky's frustration reflects a broader malaise within the military justice system regarding the scourge of child pornography cases. Judge Stucky's observation highlights the rather ad hoc charging decisions that surface in these types of cases absent a specific, statutory provision in the Uniform Code of Military Justice (UCMJ) to deal with child pornography. Unfortunately, child pornography cases do more than simply ...