This podcast usually focuses on successful prosecutions and the resulting appeals. But what about the cases that start strong and then lose steam? We don't really spend time there because I hadn't sussed out the through line, the thing that would make them relevant to a broader discussion. But, for this episode I've plucked two cases that I don't think we would generally describe as successful prosecutions. I chose them because they highlight the ways that outside circumstances influence a system of justice and, in some respects, the way that case outcomes can influence outside circumstances.

Before we dive into those cases, I want to set the scene for why I'm highlighting that at all. I'm aware there are reviews for this podcast that suggest I stay away from political stuff. They've been around for over a year but I've declined to address them until now. I think I found a way to make the reason we dance across the politics of it all clearer for everyone involved.

There are no opinions currently associated with the cases I discussed in this episode. Instead, I relied on news coverage of the Sinclair case and related cases:

• Sinclair: New York Times, NBC (1)(2), NPR, a press release from a Congressional Representative, and PBS.
• Naval Academy Case: BBC, ESPN(1)(2)

Thank you for listening! If you enjoyed this episode, please take a moment to share, rate and review it wherever you hit play today. I'm happy to receive constructive feedback or case suggestions at conductunbecomingpod@gmail.com. Join me over on Instagram @conductunbecoming!

Disclaimer: Conduct Unbecoming is a podcast where I get to talk about interesting crimes and cases that involve US military service members. I research, write, and produce the podcast myself… the opinions expressed are my own and, perhaps it's obvious, Conduct Unbecoming is not approved, endorsed, or authorized by the Department of Defense or whatever name they go by socially now. I am not a military JAG and have never been a military JAG. While I'm a practicing attorney, I don't do direct criminal defense. This podcast is a passion project, not legal advice or expert opinion.

With the explosion of recording glasses, this seems like the right time to tackle the issue at the heart of today's episode. Covert filming (whether that's filming in public places or filming in private spaces) got a lot easier when cameras got smaller. What was once the stuff of spy thrillers is now being sold at retailers for a few hundred dollars. I recognize that there are blinking lights to indicate that someone's recording, but I'm not confident that'll help in spaces like locker rooms or anywhere where you might be more than a few feet away from the glasses.

Of course, the issue of hidden cameras predates the miniaturization that enabled camera glasses, and hidden cameras have prompted an entire genre of social media consisting of people searching hotels and other spaces for hidden cameras. To go even more retro, there are a series of civil cases addressing hotel liability when two way mirrors are discovered that allow peeping toms to peer into bedrooms while guests get their freak on. But today's case takes us out of the bedroom and into the bathroom.

There are no opinions currently associated with the cases I discussed in this episode. Instead, I relied on news coverage of the Prescott and McClendon cases.

• Prescott: Stripes (1)(2), WAAY TV, Army.mil's broken link, Wiregrass Daily News.
• McClendon: New York Times, NBC News, Arkansas Online, questionable comments from a law firm, My NBC 5, Newsday, ABC Chicago, and the digest for CAAF (1)(2).

Thank you for listening! If you enjoyed this episode, please take a moment to share, rate and review it wherever you hit play today. I'm happy to receive constructive feedback or case suggestions at conductunbecomingpod@gmail.com. Join me over on Instagram @conductunbecoming!

Disclaimer: Conduct Unbecoming is a podcast where I get to talk about interesting crimes and cases that involve US military service members. I research, write, and produce the podcast myself… the opinions expressed are my own and, perhaps it's obvious, Conduct Unbecoming is not approved, endorsed, or authorized by the Department of Defense or whatever name they go by socially now. I am not a military JAG and have never been a military JAG. While I'm a practicing attorney, I don't do direct criminal defense. This podcast is a passion project, not legal advice or expert opinion.

Is it a universally millennial experience, learning to set boundaries? I still have a lot to learn about the details of boundary setting, but I think people exposed to the law might have a bit of a leg up. We've seen the power of a clear, bright line rule such as, "people born in the United States are citizens by right of their birth." We've also seen the dangers of an unclear rule, like, "jurisdiction over a business is anywhere where they might be considered at home." That sparks a lot of follow up questions.

This episode dives into the kind of clarification that unclear controlling precedent necessitated. I'll leave you to decide whether you think the rule is good, bad, or unclear.

This episode involved discussion of sexual assault. There are a number of resources available for survivors and victim of sexual assault, including the Rape, Abuse & Incest National Network (RAINN). They offer a free, confidential national sexual assault hotline at 800-656-HOPE as well as an online chat option. The victims of the assault were children. If you suspect child abuse, please call the Childhelp National Child Abuse Hotline at 1-800-4-A-CHILD (1-800-422-4453) or go to www.childhelp.org. All calls are toll free and confidential. The hotline is available 24/7 in more than 170 languages.

I relied on a series of briefs and opinions for each accused in writing this episode:

• Moore: CAAF opinion, AFCCA opinion
• Hennessy: CAAF opinion, AFCCA opinion, brief, motion for reconsideration
• Serjak: CAAF opinion, AFCCA opinion, government brief, Serjak's brief

Thank you for listening! If you enjoyed this episode, please take a moment to share, rate and review it wherever you hit play today. I'm happy to receive constructive feedback or case suggestions at conductunbecomingpod@gmail.com. Join me over on Instagram @conductunbecoming!

Disclaimer: Conduct Unbecoming is a podcast where I get to talk about interesting crimes and cases that involve US military service members. I research, write, and produce the podcast myself… the opinions expressed are my own and, perhaps it's obvious, Conduct Unbecoming is not approved, endorsed, or authorized by the Department of Defense or whatever name they go by socially now. I am not a military JAG and have never been a military JAG. While I'm a practicing attorney, I don't do direct criminal defense. This podcast is a passion project, not legal advice or expert opinion.