Being drunk and being incapacitated aren’t the same – no matter how hard military sexual assault trainers try to convince you otherwise. Such training is not just wrong – it is – IMHO – knowingly false. Which brings us, finally, to the drunk sex issue. So, is Sokolow suggesting that…
Some years ago I represented a Soldier accused of multiple assaults and rapes of his wife, and of his girlfriends. The rapes allegedly included him choking the complaining witness during the rapes. He told me – and later the members at his court-martial – that he and his wife consensually…
Prof. Berman at sentecing law and policy invites our attention to an interesting new decision from the Third. US v. Husmann, No. 13-2688 (3d Cir. Sept 3, 2014) (available here) . We all of us have an a client who is charged with distribution of CP because they were using…
Once again one of my two favorite evidence blogs (federal evidence review) has published the annual “review” for 2013 and for 2014. Key Evidence Issues During 2013 1. Supreme Court Watch: Fifth Amendment (Self-Incrimination Clause): Kansas v. Cheever: Allowing The Government To “Follow” Where The Defense Leads On Defense Expert Mental…
It is unusual in military cases to have evidence of microscopic hair analysis. But, it’s worth keeping up on, just in case. Also, the point below is further substantiation of the National Academy of Sciences critique of forensic “science” evidence. A 2009 news release on the NSA report had this…
Here is an interesting opinion regarding expert testimony in DNA examinations. Young v. United States, in the DC Court of Appeals.
Here is a piece by two titans of science in the courtr00m, with due deference to my former evidence professor, Paul Gianelli. Confronting Science: Expert Evidence and the Confrontation Clause Jennifer Mnookin University of California, Los Angeles (UCLA) – School of Law David H. Kaye Penn State Law February 23,…
Eyewitness Memory for People and Events (Chapter 25) Gary L. Wells Iowa State University, Department of Psychology Elizabeth F. Loftus University of California, Irvine – Department of Psychology and Social Behavior January 16, 2013 Handbook of Psychology, Vol. 11, 2013, Forensic Psychology, Chapter 25, R.K. Otto and & I.B. Weiner…
I have mentioned this article before, Michael D. Risinger, Navigating Expert Reliability: Are Criminal Standards of Certainty Being Left in the Dock?, 64 ALBANY L. REV. 99 (2000). The basic theme: This article shows that, as to proffers of asserted expert testimony, civil defendants win their Daubert reliability challenges to…
Here is a link to a useful site all about DNA. And here is a link to the NIJ forensics site.