Case Brief Case Citation: SOLORIO v. UNITED STATES 483 U.S. 435 (1987) (No. 85-1581) Procedural History: The petitioner, who was serving as an active member in the United States Coast Guard, was facing a general court martial in New York for sexually abusing the underaged daughters of fellow Coast Guard members while serving at his previous duty station in Alaska and at his current duty station in New York. Solorio filed a motion to dismiss the charges stemming from Alaska arguing the court did not have jurisdiction of these alleged crimes as they were committed in his privately owned home. The military judge granted the motion to dismiss finding that the charges stemming from Alaska were not “service connected,” therefore, they could not be heard in a military court martial. The Government appealed to the U.S. Coast Guard Court of Military Review, which overturned the judges dismissal and restored the charges. The petitioner then appealed the decision to the United Supreme Court (Solorio, 1987). Facts: Solorio was serving on active duty with the U.S. Coast Guard in New York when law enforcement learned that he had sexually abused the underaged daughters of a fellow service member. During the investigation, they discovered that he had engaged in similar crimes while serving in New York. The crimes committed in New York took place in Government housing, while the crimes committed in Alaska took place in a privately owned home. At the general court martial, the accused filed a motion to dismiss the charges stemming from Alaska arguing that the court did not have jurisdiction over these alleged crimes as they were committed in a privately owned home and not Government housing. The military judge found that the charges s... ... middle of paper ... ...uty or on “pass” or “leave.” Service members are to be held accountable for their actions on or off duty, as well as on or off a military installation or vessel. When service members commit crimes in the civilian sector, it is of the upmost importance that military takes the lead in investigating and prosecuting the case. Prior to O’Callahan, this appeared to be the norm. With that said, any crime committed by a service member, whether or not court martial jurisdiction had the additional burden of showing “service-connection,” would fall under military court martial jurisdiction (Morrison, 1969). Regardless, it is still disturbing to see ninety-four years of precedented law so easily dismissed in the Supreme Court’s ruling in O'Callahan v. Parker; however, luckily, eighteen years later, the error was corrected in their decision of Solorio v. United States.
Stevens (Agreed in part with the judgment): Agreed with the ruling, but did not feel the officers should be held liable for third party occurrences while doing their jobs (Pembaur v. Cincinnati,
In 1996, Captain Derrick Robinson, Sergeant Delmar Simpson, and Sergeant Nathanael Beech were arraigned for their suspected involvement in one of the biggest sex scandals the United States Military had seen. According to CNN, between these three men, charges of rape and adultery were pending in a huge case of sexual misconduct against female soldiers at Aberdeen Proving Ground in Maryland (CNN, 2996). Following this incident, the United States Military took it upon themselves to open a telephone hotline to encourage the reporting of similar harsh crimes. Furthermore, the spike in reporting influenced extensive research to examine the prevalence of rape against women soldiers in the U.S. Military (Titunik, 2000). This paper will explore the dynamics of rape against women soldiers in the military and the research done on its prevalence.
“The principle of stare decisis does not demand that we must follow precedents, which shipwreck justice.”
The Posse Comitatus act (PCA) applies to active duty military, reservists on active duty, reservists on inactive duty for training, D...
"Schenck v. United States. Baer v. Same.." LII. Cornell University Law school, n.d. Web. 6 Jan. 2014. .
In 1943 a student Gordon Hirabayashi disobeyed a report for evacuation and curfew. Hirabayashi v. United States (1943), was the first judicial test of the statute that was signed into law by Franklin Roosevelt to make it a crime to remain in a military zone, that was put to use towards an American citizen. Hirabayashi was convicted of both counts, evacuation and curfew, in Fede...
BOWERS V. HARDWICK, 478 U. S. 186 :: Volume 478 :: 1986 :: Full Text." US Supreme Court Cases from Justia & Oyez. .
Erdely, Sabrina Rubin. “The Rape of Petty Officer Blumer: Inside the military's culture of sex abuse, denial and cover-up”. The Rolling Stones Magazine. 14 February 2013. Web. 4 November 2013
When they are caught they need to tell their rank and name but they can keep the rest of their personal lives secret.
The Marine Corps Values exemplify Honor, Courage, and Commitment in a service member 's character. Honor details expectations of one’s ethical and moral conduct, Courage focuses on honor in action, and Commitment deals with total dedication to the Marine Corps and the country. If one fails to maintain the Marine Corps values they face disciplinary action and the possibility of a dishonorable discharge, depending on the nature of their actions. The honor values of the Marine Corps Values place one 's personal life, as well as their action in service, under scrutiny. Lieutenant Colonel Shane Tomko was dishonorably discharged and stripped of all Service Medals and Awards on February 12th, 2015 due to actions in his personal life. Lieutenant Tomko had an affair, which breaks the Honor Code’s clause that states “A U.S. Marine must never lie, never cheat, never steal. . . Each Marine must cling to an uncompromising code of personal integrity. . . And, above all, honor mandates that a Marine never sully the reputation of his Corps.” A spokesman for the Marine Corps, Major Dolan, made a statement that the actions taken against Lieutenant Tomko were “due to a loss of confidence in his leadership” (Marine Corps Times). The affair was seen as such a dishonor on the Marine Corps as a whole and on Lieutenant Tomko’s service as an individual that he was stripped of all of the accomplishments and
Et Al. United States Court of Appeals Eleventh Circuit. N.d. Legal Information Institute. Cornell University, n.d. Web. 10 May 2014.
Remy, Richard C., Gary E. Clayton, and John J. Patrick. "Supreme Court Cases." Civics Today. Columbus, Ohio: Glencoe, 2008. 796. Print.
Hall, Kermit L, eds. The Oxford guide to United States Supreme Court decisions New York: Oxford University Press, 1999.
Case Management Case management has become the standard method of managing health care delivery systems today. In recent decades, case management has become widespread throughout healthcare areas, professionals, and models in the United States. It has been extended to a wide range of clients (Park & Huber, 2009). The primary goal of case management is to deliver quality care to patients in the most cost effective approach by managing human and material resources. The focus of this paper is on the concept of case management and how it developed historically, the definition of case management, the components of case management, and how it relates to other nursing care delivery models.
My understanding of case management comes from an accumulation of lecture, readings, and a little bit of research. At first I thought case management meant to manage a case, which it kind of does, but it is a lot of background work that goes unnoticed from the workers part. One thing for sure I can say about case management is that is a very stressful and demanding job for the worker, therefore, you have to be a responsible worker, so that your client can hopefully get the services and resources he or she may need. As a case management worker your responsibilities are many, for example you are to educate, empower and enable your client to be self sufficient.