Articles Posted in Worth the Read

Shawn Boyne, Pre-Trial Procedures in Criminal Cases. Prof. Boyne (Indiana U., Robert H. McKinney Sch. of Law), has an interesting read. Does this seem familiar? In the past two decades, scholars have not only questioned whether the “contest”between the parties is a fair one, but also debated whether prosecutors possess a “conviction mentality” that undermines…

Elisabetta Grande (2009) “Dances of Justice: Tango and Rumba in Comparative Criminal Procedure,” Global Jurist: Vol. 9: Iss. 4 (Frontiers), Article 6. Available at: http://www.bepress.com/gj/vol9/iss4/art6 Ms. Grande some interesting reading comparing the judicial process we experience in common law countries and the experiences of lawyers in Continental Europe. More than thirty years ago, Professor Damaška…

Rossmo, Kim and Pollock, Joycelyn, Confirmation Bias and Other Systemic Causes of Wrongful Convictions: A Sentinel Events Perspective (June 28, 2019). Northeastern University Law Review, Vol. 11, No. 2, 2019. Available at SSRN: https://ssrn.com/abstract=3413922. Tokson, Matthew J., The Emerging Principles of Fourth Amendment Privacy (July 23, 2019). George Washington Law Review, Forthcoming. Available at SSRN:…

Going through some old files I came across the Excerpts from a letter which the Powell Committee recommended The Judge Advocate General of the Army send to officers newly appointed as general court-martial convening authorities. (Committee on the Uniform Code of Military Justice, Good Order and Discipline in the Army: Report to Honorable Wilber M.…

Confirmation Bias and Other Systemic Causes of Wrongful Convictions: A Sentinel Events Perspective, By D. Kim Rossmo and Joycelyn M. Pollock. Their study suggests that 37% of wrongful convictions result from confirmation bias. Table 1: Causal Factors (≥ 10) Causal Factor Confirmation bias 37 Tunnel vision 24 High-profile crime/media attention 23 Management/supervision issues 22 Careless/incompetent…

Once again it is the duty of the defense counsel to police the prosecutors not for the prosecutors to police themselves. That is one of the conclusions from the new decision—United States v. Voorhees, https://www.armfor.uscourts.gov/newcaaf/opinions/2018OctTerm/180372.pdf, just decided by the U. S. Court of Appeals for the Armed Forces. In Voorhees, the trial counsel (prosecutor) tried…

Prof. Doug Berman of Sentencing Law & Policy brings this tidbit about SOR in Alaska. [T]he Alaska Supreme Court in Doe v. Alaska Department of Public Safety, No. 7375 (Alaska June 14, 2019) decided that part of its state’s Sexual Offender Registration Act violates due process. Here is how the majority opinion starts and concludes:…

An accused in pretrial confinement awaiting trial receives day for day credit toward any sentence to confinement. In the old days, we referred to that as “Allen credit.” Note, an accused may not automatically get credit for time spent in civilian jail–that needs to be litigated at trial. See United States v. Harris, __ M.J.…

Friend and colleague draws attention to McGee v. McFadden, a petition for a writ of certiorari to the U. S. Supreme Court. Issues: (1) Whether the U.S. Court of Appeals for the 4th Circuit erred when it found no constitutional error when the state failed to disclose Brady evidence, a letter from a jailhouse snitch,…

A case to look out for. United States v. Frost, No. 18-0362/AR Issue: Whether the military judge erred in admitting hearsay statements as prior consistent statements under Mil.R.Evid. 801(d)(1)(B)(i) where the defense theory posited the improper influence or motive preceded the allegedly consistent statements. Case Links: • ACCA opinion • Appellant’s brief • Appelllee’s (Gov’t…