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With the proliferation of increasingly dangerous drugs, more and more drug overdoses are proving to be fatal. In an effort to decrease fatal overdose rates, states (including Hawaii) have enacted drug overdose immunity laws. These are a type of “Good Samaritan” law....
When facing potential UCMJ criminal charges, service members often wonder how long authorities can hold them before making formal accusations. This question is crucial for understanding their rights and the military justice system. Let us explore the details of...
Parents have a social and legal duty of care toward their children. That means they need to provide for their children's basic needs. They also have to avoid scenarios in which they may directly cause harm to their children. Occasionally, the state assumes that a...
The different branches of the military hold servicemembers to a higher standard of behavior than the average individual. Servicemembers can face career consequences after criminal charges in the civilian courts. They may also be at risk of numerous different penalties...
Larceny is – at its core – a crime of theft. More specifically, it is a criminal offense that involves the unlawful taking of another’s property with the intent to do so permanently. In Hawaii, larceny is treated seriously under state law, and the consequences of a...
Some drug charges result from police officers finding prohibited or controlled substances in someone's pockets or their backpack. When a drug is on someone's body or in their clothing, the state can very easily bring charges of actual drug possession against them....
A key aspect of military service is following the orders of superiors. “Good order and discipline” are necessary for all branches of the military to function. As such, service members take a pledge to “obey the orders of the President of the United States and the...
In Hawaii, as in all states, assault is generally considered a criminal act. However, there are specific circumstances under which an act that would normally be classified as assault may be deemed legally defensible. Under Hawaii law, assault is most broadly defined...
Military servicemembers sometimes find themselves in an awkward position. They may know the law in the state where they come from, but not the law in the state where they end up stationed later in their career. Moving from state to state can make it very difficult for...
There are numerous rules that apply to military service members that would have no bearing on the average civilian. For example, the military has ruled against adultery included in the Uniform Military Code of Justice (UMCJ). Those rules can lead to penalties possibly...