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- Criminal Law; Veterans Law; Veterans Rights; Problem-Solving Courts; Veterans Treatment Courts; Theraputic Justice; rehabilitation; law and society; collateral consequences; criminal record (1)
- Military; Sexual Assault; Federal Tort Claims Act; Feres v. United States; Incident; Service; Deference; Abuse; Spletstoser v. Hyten; Survivor; Accountable; Accountability; Combat; Military Values; Qualified Immunity; Negligence; Servicemembers; Sexual Misconduct; Feres Doctrine; Discipline; Brooks v. United States; United States v. Brown; Chisholm v. Georgia; Chimel v. California; United States v. Stanley; Incident; Dexheimer v. United States; Smith v. United States (1)
Articles 1 - 2 of 2
Full-Text Articles in Military, War, and Peace
When Sexual Assault Becomes Incident To Military Service, Lauren C. Brady
When Sexual Assault Becomes Incident To Military Service, Lauren C. Brady
Journal of Law and Policy
For seventy-two years, federal courts have barred military servicemembers who are survivors of sexual assault from recovery under the Federal Tort Claims Act (FTCA). The Feres doctrine, promulgated from the Supreme Court case Feres v. United States, became the foundation for federal courts’ decisions that sexual assault is incident to one’s service in the military. Courts’ over-deference to the military has enabled a system that turns a blind eye to perpetrators and abusive environments on bases. However, the Ninth Circuit recently turned the tide in FTCA cases, holding in Spletstoser v. Hyten that military sexual assault survivors should be permitted …
Consider Collateral Consequences: The Inherent Hypocrisy Of Veterans Treatment Courts’ Failure To Dismiss Criminal Charges, Julia W. Williams
Consider Collateral Consequences: The Inherent Hypocrisy Of Veterans Treatment Courts’ Failure To Dismiss Criminal Charges, Julia W. Williams
Journal of Law and Policy
American veterans are often plagued by psychological and physical injuries, among other hardships, which, when unaddressed, can lead to substance abuse, criminal behavior, and suicide. As public awareness of the difficulties that American veterans face was growing, the problem-solving court movement was also gaining momentum. Largely inspired by therapeutic jurisprudence, an interdisciplinary framework that sees the law as a way to reach therapeutic outcomes, problem-solving courts seek to identify the root causes of criminal behavior and address those causes in ways that promote rehabilitation and reduce recidivism. Veterans Treatment Courts (“VTCs”) emerged when veterans advocacy intersected with the problem-solving court …