Real and to be expected-a natural consequence of how Congress and perhaps leadership is approaching the real and very important issue of preventing sexual assault? Military.com reports, In Survey, Lackland DIs Rip Leaders, Fear Recruits, 29 May 2014. A survey of basic-training instructors conducted during the worst sex scandal in Air…
The CAAF has decided United States v. Paul, 74 M.J. ___ (C.A.A.F. May 29, 2014)(CAAFLog case page). The granted issue was: WHETHER THE AIR FORCE COURT OF CRIMINAL APPEALS ERRED WHEN IT TOOK JUDICIAL NOTICE OF AN ELEMENT OF A CHARGE IN VIOLATION OF GARNER v. LOUISIANA, 368 U.S. 157 (1961) AND…
What are the full limits of confrontation when it comes to scientific and expert testimony. Federal evidence blog notes: In denying certiorari review (this week0 in eleven cases raising Confrontation Clause and expert testimony issues, for the foreseeable future the Supreme Court will not resolve a significant issue that has been dividing the…
By regulation (the U.S. Navy Regulations and the Navy’s Standard Organization and Regulations Manual (SORM), OPNAVINST 3120.32x,), the Navy required personnel to report having been arrested or prosecutions for criminal acts by civilian authorities. In United States v. Serianne, 68 M.J.580 (N.M.Ct.Crim.App. 2009), aff’d, 69 M.J. 8 (C.A.A.F. 2010). the courts found the order unlawful, in…
You are an enlisted person. 1. You are reduced at Art. 15 from E-6 to E-5, you retire as an E-5. What rank is your retirement check based on and how is it calculated. Assume you came on active duty after 1 September 1980. 2. You are reduced at special…
Prof. Colin Miller has an interesting post about prosecutorial discretion during the course of trial. Besides getting a conviction and an appropriate sentence, a secondary gain of the prosecutor is to have the case affirmed on appeal. Affirmance means a guilty person doesn’t walk or get a new trial. In…
Senator Gillibrand is not happy. Here is one of her unsubstantiated complaints. I am quite sure that some of those committing sex offenses have done so before, and with predatory behavior. But casting the vast majority of he said/she said cases as predatory men assaulting angelic waifs who can’t care…
Human lie detector’s not admissible, still, a strong circuit trend. This is consistent with military appellate case law. With expert testimony admitted on a wide range of issues under FRE 702, what limits are there to expert testimony on the credibility of the defendant? As noted by the Tenth Circuit, a…
With the ongoing politics surrounding sexual assault in the military, and whether the commander should remain as the disciplinary decision maker, the AF has done an interesting review of (convictions). After a spate of sex-related incidents last year, the Air Force reviewed all courts-martial from the previous three years —…
Last Words: A Survey and Analysis of Federal Judges’ Views on Allocution in Sentencing Mark W. Bennett U.S. District Court (Northern District of Iowa) Ira P. Robbins American University – Washington College of Law March 10, 2014 Alabama Law Review, Vol. 65, No. 3, 2014 American University, WCL Research Paper…