I am for (and against) the SVC program. I am mostly for it because it is necessary. Over the years and prior to the Air Force start there were regulations in place that required the trial counsel to inform the “victim” of what was happening in the case and get…
The Navy-Marine Corps Court of Criminal Appeals recently, in United States v. D.W.B., __ M.J. ___ (N-M Ct. Crim. App. 2015), had to decide “a complex and controversial topic: the admissibility of a witness’s testimony regarding memories recovered through a psychotherapeutic approach known as Eye Movement Desensitization and Reprocessing (EMDR).” …
Remember Napue v. Illinois, 360 U.S. 264 (1959)? Here’s the Justia summary. At petitioner’s trial in a state court in which he was convicted of murder, the principal state witness, an accomplice then serving a 199-year sentence for the same murder, testified in response to a question by the Assistant State’s…
If a witness testifies at trial the traffic light was red, the accused may ask if they told the police officer the light was green. And, depending on the answer the accused may offer extrinsic evidence of the inconsistency. This is a clear prior inconsistent statement. Usually there is no trouble…
Professor Imwinklried has an excellent article advocating banishment of the ban on extrinsic evidence to impeach under Federal (Military) Rule of Evidence 608(b) (MRE). Prof. Imwinkleried questions why the ban is necessary and may in fact encourage perjury on the part of a testifying witness. Professor Kevin Cole has an…
Your weekend reading program. Many, many, many years ago, as a police officer I had attempted to arrest a suspect who successfully got away. Some days later, I saw a CID officer bringing in a person to the station – and I said, “that’s him.” It wasn’t, I was wrong. My…