Akorede Omotayo, The Right to Silence–or the Presumption of Guilt. This is an interesting discussion from another country on something we are familiar with. It will be recalled that the right to silence formerly comprises the privilege against self-incrimination and the right not to have adverse inferences drawn from his silence. Prior to the CJPOA,…
Continue reading ›In general a court-martial accused can waive most rights and privileges in a pretrial agreement. A common term where there are multiple accuseds (drug or sexual assault cases for example) is an agreement to testify truthfully in another court-martial. But, Rule for Courts-Martial (R.C.M.) 705(c)(1) expressly prohibits terms or conditions of a PTA that are…
Continue reading ›Very broad. Or, that’s how I interpret a 2-1 Order in H.V v. Kitchen and Randolph (RPI), MISC D. No. 001-06 (C.G. Ct. Crim. App. 8 July 2016). At trial, the defense sought mental health records of the complaining witness. After litigation on the issue, the military judge ruled that M.R.E. 513 did “not prevent…
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