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Court-Martial Trial Practice Blog

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Right to silence and the presumption of guilt

A British article worth reading because it has application here. Akorede Omotayo, The Right to Silence – or the presumption of Guilt The right to silence is thought by many Judges and academics to be a constitutional right; which preserves Viscount Sankey’s presumption of innocence in Woolmington . For this reason,…

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Dubay hearing on United States V. Scott. not very productive

United States v. Scott., ordering a Dubay hearing. I could not find a subsequent opinion on the ACCA website, which could mean the Dubay hearing produced nothing noteworthy and the court proceeded to affirm the findings and sentence. CAAF has granted the following issue: No. 19-0365/AR. U.S. v. Jason A.…

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Prosecutorial discretion–WTR

American Prosecutors’ Powers and Obligations  in the Era of Plea Bargaining.  Darryl K. Brown [University of Virginia School of Law]. I. Introduction American prosecutors are generally understood to have a lot of power, and that power is often the subject of criticism. But whether American prosecutors’ power is problematic depends on…

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