22 September is the anniversary of Nathan Hale being executed for spying against the British forces. In New York City on September 22, 1776, Nathan Hale, a Connecticut schoolteacher and captain in the Continental Army, is executed by the British for spying. A graduate of Yale University, Hale joined a Connecticut regiment in 1775 and…
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Continue reading ›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…
Continue reading ›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…
Continue reading ›Tales of the Tipsy Coachman: Being Right for the Wrong Reason – The Tipsy Coachman is Alive and Well and Living in Florida
Continue reading ›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). Now–E-8 reduced to E-4, what is the retired pay? My answer, his last…
Continue reading ›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…
Continue reading ›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…
Continue reading ›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…
Continue reading ›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…
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