The “rule of lenity” “requires ambiguous criminal laws to be interpreted in favor of the defendants subjected to them.” From Levin, Daniel and Stewart, Nathaniel, Wither the Rule of Lenity, Engage, November 16, 2009. This is a claim or objection I have used from time to time, not always successfully. …
I found this piece by the Pew Research Center’s Project for Excellence in Journalism of passing interest. The lead blog story for a while is the SEAL case and the pending court-martial. I find it surprising in light of the ongoing events regarding Major Hasan at Fort Hood.
Washington Post reports that Col Morris Davis will be released at the end of his probationary period with Congressional Research Service because of recent media pieces. In the Nov. 10 Journal article, Davis wrote that Attorney General Eric H. Holder Jr.’s decision to use both federal court and military commissions…
A DoD report is critical of progress regarding sexual assault in the military. Overall the report seems a fair response. This part however is troubling: Included in the task force’s 30 primary recommendations are a number of actions for helping victims of sexual assault, such as a suggestion that legislation…
United States v. Mott, once again, explores the prosecution obligation to disclose favorable evidence to the defense at court-martial. In this case, the prosecutions own expert agreed with the defense theory as to the accused’s mental status. None of this was disclosed to the defense. In the instant case, this…
Sane or insane, Major Hasan’s mental state before and during his alleged offenses will be raised in his court-martial. Death penalty cases are different so sayeth they U.S. Supreme Court. Everything must be raised that could possibly have some impact on either the finding of guilt to a capital charge…
Naplesnews.com reports that: The trial counsel in United States v. Piotrowski, ARMY 20010721, 2006 CCA LEXIS 487 (A. Ct. Crim. App. January 31, 2006) pet. denied 64 M.J. 430 (C.A.A.F. 2007). He smashes into a car, killing a 24-year-old woman who is pregnant with her first child. So a prosecutor…
Seattleweekly.com reports: Having now admitted to murder, Fort Lewis Spc. Ivette Davila today awaits word on whether she will face the death penalty for it. Davila, 23, an Army chemical specialist, is charged with killing Staff Sgt. Timothy Miller and Sgt. Randi Miller in their Parkland home March 2, 2008,…
Stars & Stripes reports: A prosecutor has argued that a Marine Corps officer facing demotion failed to fully disclose and investigate the killing of two dozen Iraqi men, women and children by Marines under his command. But a defense attorney called the retired officer a highly qualified leader who took…
The most recent edition of the Air Force Law Review includes seven articles with in-depth analysis of legal issues in the complex cyber domain. Volume 64, the Cyberlaw Edition, is now available for free at http://www.afjag.af.mil/library/ — just click on the "AF Law Review vol. 64 – Cyberlaw Edition" hyperlink.…