Articles Posted in Up Periscope

False memories are a problem, especially in criminal trials. False memories can be created intentionally or through poor interview techniques (which I consider sort-of-intentional), and unintentionally because that is how the human brain can work. To quote Prof. Loftus: We all have memories that are malleable and susceptible to being contaminated or supplemented in some…

I have posted – perhaps ad nauseum – about objecting to context setting testimony of law enforcement witnesses: it allows the prosecution to smuggle in all kinds of hearsay and objectionable information, designed to affect the members. The typical answer to this skunk thrown in the “jury box” is not to ask the members not…

You will remember the National Academy of Sciences on report on forensic sciences that caused a – temporary – uproar. The Texas Star-Telegram reports on 11 August 2013: Across the nation, more than 70 exonerations have involved the improper use of hair sampling — a practice, now considered “junk science,” in which a strand of…

Client: It wasn’t me. I didn’t (send that raunchy email) (I didn’t download that porn). Atty: But look, they’ve got all this forensic data showing it came from your Army account while you were on line. Client: It wasn’t me. Atty: Come on, you can’t beat the forensics. Huuuuuuuum. Been there before? Expect to be…

The politicians made issue of several military sexual assault program personnel who got in trouble. They crucified them. Now here is another one who apparently is pretty much found to be a less serious case than postured. Little will be heard from the policians about this. But we on the defense side know that incidents…

We hear a lot about the sufficiency of OSI, NCIS, CID investigations these days because of the sexual assault cases. Generally the assumption is that the failure to investigate aids the accused. I disagree that it always aids the accused. There are many times the failure is in discovering helpful evidence. Recently (thank you) had…

Add in that military personnel are trained to obey. The U.S. Supreme Court has ruled that police officers can briefly detain and search a person if they have a reasonable, articulable suspicion that he or she is committing, has committed, or is about to commit a crime. But cops need no such reasonable, articulable suspicions…

A Survey of Federal and State Standards for the Admission of Expert Testimony on the Reliability of Eyewitnesses George Vallas Independent 2011 American Journal of Criminal Law, Vol. 39, No. 1, Fall 2011 Abstract: Eyewitness testimony is indispensible to the proper functioning of the criminal justice system. However, as Justice Frankfurter famously observed: “The vagaries…

I found this interesting item on SCOTUSBlog. If one goes to the “Frequently Asked Questions” page of the Supreme Court website, there is this question: “Where can I find the papers of the Justices?” Indeed. And here is the answer tendered: “The Biographical Directory of Federal Judges, maintained by the Federal Judicial Center, provides location…

What is the status of an accused being forced to divulge passwords on computers suspected of having contraband. As an update in a recent case in which the government obtained an order compelling in individual to provide access to decrypted information on seized hard drives, In the Matter of The Decryption of a Seized Data…