We are told, by the U.S. Supreme Court no less that sex offender registration is a collateral consequence not punishment so does not suffer ex-post facto restraints. United States v. Kebodoux involves a military person convicted at SPCM. And within the military we have case law. But, can registration reach…
Court-Martial Trial Practice Blog
Not a surprise
It’s not a surprise that now the “war” need for flesh and blood is lower, that the size of the force will be lower, and that allegations of misconduct will be a reason for getting below the numbers. Stars and Stripes has this report. The number of U.S. soldiers forced…
Is there an argument here?
Another excellent blogger to follow has this post today. D.Or.: Reasonable expectation of privacy in prescription records, and the third party doctrine does not apply to them There is a reasonable expectation of privacy in prescription records, and the third party doctrine does not apply such that the information can…
Biased brains
Several items came across the transom today related to my constant meme about the dangers of bias and confirmation bias in investigations and by “forensic” scientists. First item is a blog at Criminal Law Practitioner, which notes a significant and important change in how photographic line-ups are conducted in Prince…
Should you believe the statistics
Many years ago I bought a small book, “How to lie with statistics,” by Darrell Huff. I see that a newer edition (1993) is available at Amazon. The edition I have is more in the form of a primer, without a lot of detail, but you can get the point.…
Worth the read
Massive round-up of new law articles, covering privacy, Fourth Amendment, GPS, cell site, cybercrime, big data, revenge porn, drones, and more from
What’s good for the police might be good for you
This item is in the latest issue of the FBI Law Enforcement Bulletin. Christian Mason, Tod W. Burke, Ph.D., and Stephen S. Owen, Ph.D., Responding to Persons with Mental Illness: Can Screening Checklists Aid Law Enforcement? You encounter clients who may have a definable disorder or witnesses.
Is it harder?
Here’s a question. Is it harder for a commander to engage in UCI before of the information age – for example the availability of smartphones, small recorders, and social media. Apparently for some that may a yes. Former Top Officers Say Internet Age Limits Meddling in Sexual Assault Cases.
Worth the read
Taking Mistakes Seriously, Paul J. Larkin Jr. The Heritage Foundation January 13, 2014 28 B.Y.U. J. of Pub. L. (2014) (Forthcoming) Abstract: There are two very different mistake doctrines in the law. The common law doctrine that ignorance of the law is no excuse gives no weight to reasonable, good faith…
Impeachment with prior inconsistent
One of my favorite bloggers, Professor Colin Miller has this: Arizona Rule of Evidence 801(d)(1)(A) provides that A statement is not hearsay if…[t]he declarant testifies at the trial or hearing…and is subject to cross-examination concerning the statement, and the statement is…inconsistent with the declarant’s testimony So, let’s say that an alleged victim…