“Adolescents, more than adults, tend to discount the future and to afford greater weight to the short-term consequences of decisions.” Kim Taylor-Thompson, States of Mind/States of Development, 14 STAN. L. & POL’Y REV. 143, 154 (2003). How often do I think of this principle (cited to in The Virginia Lawyer, and United States v. Berry),…
Continue reading ›I came across a piece entitled, “We Love the Pentagon’s ‘Encylopedia of Ethical Failure’” which is on medium.com. The piece notes what we have all seen that the last few years have seen many ethical challenges for the military. Likely we know more about the specific cases because of The Internet and Google. Individually, the…
Continue reading ›Professor Schlueter takes a stab at answering the question. David A. Schlueter, The Military Justice Conundrum: Justice or Discipline?, 215 MIL. L. REV. 1 (2013). Why even ask the question let alone seek an answer. Well it depends on where you stand on the current issue of a commander’s authority over courts-martials. If you want…
Continue reading ›Each week CrimProfBlog publishes the top ten downloaded articles. Here are three that may be useful to military justice practitioners. Brady’s Blind Spot: Impeachment Evidence in Police Personnel Files and the Battle Splitting the Prosecution Team Jonathan Abel, Stanford Law School – Constitutional Law Center The Supreme Court’s Brady doctrine requires prosecutors to disclose favorable,…
Continue reading ›Your weekend reading program. Many, many, many years ago, as a police officer I had attempted to arrest a suspect who successfully got away. Some days later, I saw a CID officer bringing in a person to the station – and I said, “that’s him.” It wasn’t, I was wrong. My first general court-martial in…
Continue reading ›has published a symposium – articles related to military justice, specifically sexual assault cases. Both sides will find something in the articles. Of particular interest are two articles: Major Seamone’s article about secondary affect on military justice practitioners from over exposure to sexual assault cases, and Colonel Schenk’s disagreement with the statistics and compilation of…
Continue reading ›On occasion I note civilian court opinions that reference or rely on military appellate case law. In my view, because of technology we see more courts, especially federal courts, cite to military appellate case law. In United States v. Buchanan, the accused sought to prevent a guardian ad litem (GAL) from filing motions. The court…
Continue reading ›Safeguarding the Commander’s Authority to Review the Findings of a Court-Martial, Andrew S. Williams, Brigham Young University, June 5, 2013, 28 BYU Journal of Public Law (April 2014, Forthcoming) Abstract: “Do you really think that after a jury has found someone guilty, and dismissed someone from the military for sexual assault, that one person [the…
Continue reading ›Last Words: A Survey and Analysis of Federal Judges’ Views on Allocution in Sentencing Mark W. Bennett U.S. District Court (Northern District of Iowa) Ira P. Robbins American University – Washington College of Law March 10, 2014 Alabama Law Review, Vol. 65, No. 3, 2014 American University, WCL Research Paper No. 2014-9 Abstract: Allocution —…
Continue reading ›SCOTUSBlog has this of potential interest. The petition of the day is: New Mexico v. Herring Issue: Whether Berghuis v. Thompkins requires advice that a suspect has the right to stop talking at any time in order to establish an implied waiver of Miranda rights. This case illustrates, again if anything did, the value of…
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