And yesterday the court heard oral argument in Burrage v. United States, a case with some relevance perhaps to military justice.

Here’s SCOTUSBlog’s QP.

(1) Whether the crime of distribution of drugs causing death under 21 U.S.C. § 841 is a strict liability crime, without a foreseeability or proximate cause requirement; and (2) whether a person can be convicted for distribution of heroin causing death utilizing jury instructions which allow a conviction when the heroin that was distributed “contributed to,” death by “mixed drug intoxication,” but was not the sole cause of death of a person.

Here’s the transcript.

See e.g., United States v. Bennitt, No. 12-0616/AR, 72 M.J. 266 (C.A.A.F. 2013) (opinion) (CAAFlog case page),

4 Responses to “In the Supremes”

  1. AFSVC says:
    Completely different topic, but interesting. I’ll be curious to hear how much press this gets on the Hill…crickets

  2. Phil Cave says:

    Standby for the AF to prefer charges.

  3. FormerAFTDC says:

    My money is on a Board of Inquiry…lower standard of proof after all.  

  4. AFSVC says:

    @PC, I doubt that (but I also doubted Lt Gen Franklin would overturn Wilkerson). I’m more interested in someone, anyone, in Congress commenting on the inability of the civilians (even absent the evil influence of the dreaded convening authority) to get a conviction on this case…but that won’t happen. Part of me wishes we would try and convict Krusinski just to prove the point (it’s a small part). Krusinski is not blameless in all this whatever the truth of what happened, but the point is these are hard cases to prove IN ANY SYSTEM.