Articles Posted in Uncategorized

https://constitution.congress.gov/

The Center for Military Readiness has this “report.”

Air Force Gen. John Hyten, nominated to become Vice Chairman of the Joint Chiefs of Staff, has become the face of injustice done to military personnel who encounter unproved allegations of sexual assault.  Accusations that cannot be substantiated are unjust and often career-ending, but they are not unusual.  Annual Pentagon reports indicate that they happen all the time.

According to figures published in annual reports of the Pentagon’s Sexual Assault Prevention & Response Office (SAPRO) since FY 2009, almost one-in-four completed cases involving sexual assault have been deemed “unsubstantiated” due to “insufficient evidence” or “allegations unfounded.”

Corteen & Stelle, A Criminal Injustice System? Sex Offender Suspects and Defendants. 39 LIVERPOOL L. REV. 265 (2018).

Abstract

The purpose of this paper is to open up a discussion regarding the potential shift from the presumption of innocence to a presumption of guilt regarding those suspected of or charged with sexual offending. It is acknowledged that further investigation is needed and it is hoped that this discussion is one of many. The crux of this paper therefore is that sex offender suspects and defendants potentially find themselves in a criminal injustice system. Whilst the focus is predominantly on ‘victims’ (usually female) and people suspected or charged with sexual offending (usually male) within the criminal justice system in England and Wales the concerns articulated here are not confined to this context. For example such concerns are echoed in relation to the potential injustices occurring on American campuses. This demonstrates that this is a domestic and international situation and a situation that extends beyond the criminal justice system. We argue that what is occurring at home and abroad has to be contextualised with regard to public, media and social attitudes and approaches to ‘victims’, suspects, defendants, sex, sexual consent, sexual

Tales of the Tipsy Coachman: Being Right for the Wrong Reason – The Tipsy Coachman is Alive and Well and Living in Florida

Defense counsel:

You have an enlisted client who is retirement eligible: E-6 to E-9. What is their retirement check, assuming they are in a position to retire after trial?

Before you answer, please read 10 U. S. C. 1407, especially para. (f).

Maybe this trial counsel and his leadership aren’t so great? Will the AF allow him to remain in trial counsel duties?

As trial counsel tried to establish his bona fides with the court members during voir dire, he introduced himself as an attorney of considerable experience and gravitas:

I’m a senior trial counsel assigned to Peterson Air Force Base. In that capacity I travel around the world, between 200 and 250 days a year, prosecuting the Air Force’s most serious cases.

On September 3, 2014, the Secretary of Defense issued a memorandum providing guidance to the Military Department Boards for Correction of Military/Naval Records (BCM/NR) as they carefully consider each and every petition brought regarding under other than honorable conditions discharge upgrade requests by veterans claiming Post Traumatic Stress Disorder (PTSD). This includes a comprehensive review of all materials and evidence provided by the applicant.

This policy guidance is intended to ease the application process for veterans who are seeking redress and assist the Boards in reaching fair and consistent results in these cases. The guidance also mandates liberal waivers of time limits, ensures timely consideration of petitions, and allows for increased involvement of medical personnel in Board determinations.

This guidance provides that liberal consideration will be given by Military Department Boards for Correction of Military/Naval Records (BCM/NR) in petitions for changes in characterization of service. The supplemental guidance outlines specifically what type of records and evidence will be given special and liberal consideration by the boards. To read the memorandum and supplemental guidance, please click here.

A “study” in the effects of confirmation bias, victim-centered investigations, or flawed investigations followed by a flawed judicial process?

N. P. Kirillova and E. N. Lisanyuk, Truth and Legal Argument in Fydor Dostoevsky’s The Karamazov Brothers. 48 Bulletin of Tomsk State Univ., 193-204 (2019).

There were several reasons of the judicial error. The court investigator and the prosecutor investigated only one version of the murder, which seemed obvious to them but in fact was false, and they made no attempt to verify the defendant’s ver-sion, which in fact was true. Along with the prosecutor’s erroneous bias against Dmitry Karamazov, there were many circumstantial evidences pointing to him guilty, which led to the fallacious decision of the juries.

The Army TJAGSA Criminal Law Deskbook is now online.

The cover notes that the DB “reflects changes” to the MJA effective 1 January 2019. The .pdf file is bookmarked.

Interestingly, Part B of the Introduction has a justification for a separate military justice system. They say there is a need for speedy trial–a need not necessarily reflected in the speed of investigations and trials–ask anyone who does trials on a regular basis. Part C.2., reflects the commander-centric need for a military justice decision-making process.

The harmful effects of law enforcement tunnel vision do not end with wrongful convictions. Tunnel vision also undermines community trust in the police and damages an already fraught relationship.

In a sexual assault case, real victims are actually harmed when false allegations are buttressed by so-called “victim-centric” investigations. When false reports are “substantiated” others watching become cynical about sexual assault allegations in general. When people do not trust the system and the witnesses produced then it becomes likely they will apply a bias against sexual assault victims.

https://www.baltimoresun.com/news/opinion/oped/bs-ed-op-0523-cooperating-witnesses-20190522-story.html?fbclid=IwAR1bK1SV2c8HBlZIFP1Nogdm7k_Y-ZRC5Nd1uKxClLhJ-G03f77FwAHN9Qo