Articles Posted in Up Periscope

http://federalevidence.com/pdf/2014/02Feb/US.v.Boyce.pdf

“CCTV footage taken at the time of the earlier incident showed the woman walking arm-in-arm with a man, and she later conceded she made the false report because she “regretted” her contact with him.” Yes, people do lie for what seems a silly reason. And yet the person lied on can end up in jail.

There a various ways to keep up with the law, politics, and policy surrounding military justice, or legal issues in general. You can use Goodle news. This allows you to have various news items collated on the Google News website. So for example, one of my several “search terms” is “military sexual assault. Google also…

Why do we ask members to promise that they will do the impossible? This is a question raised in a recent The Jury Expert. Jurors often promise to try their best to set aside prior experiences, attitudes or beliefs. But the desire to do what jurors believe is expected of them does not create the…

The Forensics Science Standards Act 2012. Stalled? Nope, gone. The Forensic Science and Standards Act of 2014 Stalled?

Just in over the transom from a very reliable colleague. A TC told him that the defense is not allowed to have a copy of the SJA pretrial advice because it is a privileged communication. Apparently the TC is not familiar with the rules – not uncommon. I do wish they’d read that red paper…

We are told, by the U.S. Supreme Court no less that sex offender registration is a collateral consequence not punishment so does not suffer ex-post facto restraints. United States v. Kebodoux involves a military person convicted at SPCM. And within the military we have case law. But, can registration reach a point where it is…

It’s not a surprise that now the “war” need for flesh and blood is lower, that the size of the force will be lower, and that allegations of misconduct will be a reason for getting below the numbers. Stars and Stripes has this report. The number of U.S. soldiers forced out of the Army because…

Another excellent blogger to follow has this post today. D.Or.: Reasonable expectation of privacy in prescription records, and the third party doctrine does not apply to them There is a reasonable expectation of privacy in prescription records, and the third party doctrine does not apply such that the information can be obtained by mere administrative…

Several items came across the transom today related to my constant meme about the dangers of bias and confirmation bias in investigations and by “forensic” scientists. First item is a blog at Criminal Law Practitioner, which notes a significant and important change in how photographic line-ups are conducted in Prince Georges County, MD. This is…