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Court-Martial Trial Practice Blog

Updated:

Recorded interrogations in the military

Following on the heels of NCIS’s recent testing of video-taping interrogations, it appears that OSI will start recording confessions. Starting on 1 October, Air Force OSI will, as a matter of policy, make a video recording of ”subject interviews.”  Recording of witness and vicitm interviews will be optional. /tip CAAFLog.

Updated:

“Discovery” disclosures are an ethical obligation, not just a legal requirement.

AMERICAN BAR ASSOCIATION STANDING COMMITTEE ON ETHICS AND PROFESSIONAL RESPONSIBILITY Formal Opinion 09-454 July 8, 2009 Prosecutor’s Duty to Disclose Evidence and Information Favorable to the Defense Rule 3.8(d) of the Model Rules of Professional Conduct requires a prosecutor to “make timely disclosure to the defense. This ethical opinion reinforces…

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