Articles Posted in Up Periscope

Evidence of past false complaints of sexual offenses by an alleged victim of a sexual offense is not within the scope of this rule and is not objectionable when otherwise admissible. Appendix 22, p. A22-36, Manual for Courts-Martial, United States (2012).

Pennsylvania Public Defenders Rebel Against Crushing Caseloads. [Washington] Supreme Court Adopts Standards for Indigent Defense: Case Limit Guidelines Effective in 2013.

In Faison v. Belcher, a prisoner at the USDB sought to get the federal district court in Kansas to grant a habeas for several issues, including a Fosler issue.

NOTE: “If you Have a Zero-Tolerance Policy, Why Aren’t You Doing Anything?: Using the Uniform Code of Military Justice to Combat Human Trafficking Abroad, 80 Geo Wash L. Rev. 1255 (2012).

There are a number of resources available to counsel for research beyond what is in the red book. The National Criminal Justice Reference Service is just one: https://www.ncjrs.gov/ Thanks to a colleague for pointing out a new publication that may assist the defense in particular. DNA for the Defense Bar, June 2012.

There have been discussions from time to time how convening authorities refer odd-ball or arguably frivolous cases to trial. Who’s Guarding the Henhouse? How the American Prosecutor Came to Devour Those He is Sworn to Protect Jonathan Rapping Atlanta’s John Marshall Law School June 10, 2012 Washburn Law Journal, Vol. 51, 2012 Abstract: Every day,…

As we all know the military does not have the nolo contendre or Alford plea. Thanks to Prof. Berman at Sentencing Law & Policy, here is an intriguing study. If you go back many years you will see reflections of the Milgram experiments, and the other experiments that turned college students into jailors and prisoners.…

Applying Crawford’s Confrontation Right in a Digital Age Jeffrey Bellin Southern Methodist University – Dedman School of Law May 10, 2012 Abstract: Much of the recent commentary on the Confrontation Clause focuses on the past. Commentators (and Supreme Court Justices) evaluate the evolving jurisprudence by comparing the confrontation right articulated in Crawford v. Washington and…

The inability to remember in court, what about it? If the witness testifies in court that the traffic light was green, and in a prior statement to police they said it was red. That’s a prior inconsistent statement. The witness may be impeached. Asked the “on x to officer X, did you say red,” get…

Paul C. Giannelli (Case Western Reserve University School of Law) has posted The 2009 NAS Forensic Science Report: A Literature Review (48 Crim. L. Bulletin 378 (2012)) on SSRN. Here is the abstract: In February 2009, the National Academy of Sciences (NAS) released its report on forensic science: Strengthening Forensic Science in the United States:…