As we see frequently, texts and messages on cellphones can be important evidence in a case. Most of the time the MCIO’s merely got the CW to provide a screenshot and otherwise cherry-pick what they want to take as evidence in the beginning. Of course the cherry-picking is in favor…
All current rape and serious sexual assault cases in England and Wales are to be reviewed “as a matter of urgency” to ensure evidence has been disclosed. Director of Public Prosecutions Alison Saunders warned the review could see “a number of cases” dropped. It comes after the collapse of several…
[V]iolations of Brady are the most recurring and pervasive of all constitutional procedural violations, with disastrous consequences: innocent people are wrongfully convicted; the reputation of U.S. prosecutors suffer; and the absence of meaningful legal and ethical enforcement and accountability has a corrosive effect on the public’s perception of a justice system that…
At SimpleJustice blog (a blog worth following) there is a piece about Judge Kopf and a tweet which leads to a discussion of a prosecutors obligation to provide discovery to the defense. Let me start with some basics and two cases that prosecutors and defense lawyers know (or should know) well. In Brady…
The Virginia legislature has passed SB1563. There are several provisions which should be adopted in military cases. D. Whenever the Commonwealth intends to introduce expert opinion testimony at trial, the attorney for the Commonwealth shall notify in writing the accused of the Commonwealth’s intent to present such testimony not later than…
There is an excellent post at Volokh Conspiracy. Here’s the problem in a nutshell: So much at trial can turn on the testimony of a police officer. For a criminal defendant, life and liberty may depend on the ability to impeach the officer’s testimony. The federal constitution, as interpreted by…
The Guardian reports, Detective criticised for ‘getting too close’ in alleged rape case, 9 May 2016. A senior judge has criticised a police detective and the Crown Prosecution Service for their handling of an accusation of gang rape after the case against four young men collapsed just as their trial was…
My title is the title of an excellent article in the Air Force Reporter by Thomas G. Becker. Mr. Becker takes on the amount of damage done to military justice and the truth-seeking process because of the changes to Article 32 proceedings.
Amici are former federal prosecutors and senior Justice Department and government officials who have dedicated many years of service to the criminal justice system and have a continuing interest in preserving the fair and effective administration of criminal trials.2 As such, amici understand the duty of prosecutors “to seek justice…
Under the “old” Article 32, the right to call and examine witnesses and to obtain production (discovery) of evidence was pretty robust. All Services except the Air Force and Coast Guard routinely recorded the audio of the hearing. That audio could then be transcribed into a verbatim transcript. The benefit to…