Court-Martial Trial Practice

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:…

Here is a link to the new “order” requiring sexual assault cases to be disposed of at at least the O-6 level.

I have from time to time filed writs of error coram nobis, most recently in United States v. Graner. Courtesy of CrimProfBlog here is an excellent case reviewing the writ of error coram nobis. The court discusses the history of the writ and the three part test to considered. Note they cite extensively to United…

Not sure, that’s the conclusion of a study done by the National Research Council. h/t Prof. Berman at Sentencing Law & Policy

You need to know about collateral effects of a court-martial conviction: Voting Firearms Immigration status Sex offender registration Death penalty And now, should you have a special competence with forensics? Funk & Berman on Attorney Competence in Forensics Christine Funk and Evan Berman have posted Rising to the Challenge of the NAS Report ‘Strengthening Forensic…