Legal Opinion · Dissent

United States v. Daniels

Navy-Marine Corps Court of Criminal Appeals

Decided March 27, 2003No. NMCM 200001604Published

1DissentVillemez, Judge

“When we assumed the Soldier, we did not lay aside the Citizen ....”1

General George Washington; Address to the Legislature of New York, 26 June 1775

This is a very visceral case, the complexity of which is dictated by its appearance of simplicity. In actuality, it is one with underlying judicial challenges belied by its at-firstglanee facade of being a fundamentally “simple” case.2 Within its four corners, the appropriate outcome of the case feels clear; *607however, it is a vivid illustration of the distinction between “legal” and “moral” guilt. It is an example of a case where one is not the…

2Cases cited50 opinions

  1. Bivens v. Six Unknown Named Agents of Federal Bureau of NarcoticsSupreme Court of the United States · 1971
  2. Illinois v. GatesSupreme Court of the United States · 1983
  3. Schneckloth v. BustamonteSupreme Court of the United States · 1973
  4. Coolidge v. New HampshireSupreme Court of the United States · 1971
  5. United States v. LeonSupreme Court of the United States · 1984

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