Court-Martial Trial Practice

From CrimProf Blog, Editor: Kevin Cole, Univ. of San Diego School of Law Friday, July 3, 2020 Sundby on Interrogation Law By CrimProf BlogEditor Share Scott E. Sundby (University of Miami School of Law) has posted The Court and the Suspect: Human Frailty, the Calculating Criminal, and the Penitent in the Interrogation Room (Washington University…

We know that some people lie about being sexually assaulted. We know that one of the reasons–motives–or as psychologists say “the secondary gain,” is to protect a marriage or relationship. We know that some women are like men, they cheat on their spouse. Yet investigators often ignore these knowns–in following orders to believe the “victim”…

What happened after—trial, CCA review, and in the case below at CAAF. From time to time I find it interesting to follow habeas cases involving a military petitioner. So, here is Santucci v. Commandant, No. 19-3116-JWL (D.C. Kan. May 26, 2020). The ACCA decision. The CAAF decision without opinion, is at 2017 CAAF LEXIS 522…

Akorede Omotayo, The Right to Silence–or the Presumption of Guilt. This is an interesting discussion from another country on something we are familiar with. It will be recalled that the right to silence formerly comprises the privilege against self-incrimination and the right not to have adverse inferences drawn from his silence. Prior to the CJPOA,…

United States v. Roberts, ACCA, May 2020. https://www.jagcnet.army.mil/Apps/ACCAOpinions/ACCAOpinions.nsf/SDD/E0488360186BFBEE8525857600509381/$FILE/sd-roberts,%20dl.pdf Occasionally a TJAG will refer a subjurisdictional sentence case to the CCA, which is what happened here. ACCA looked a two issues: sufficiency of the evidence and post-trial delay. Note, under Article 69(d), UCMJ, the CCA can only review for legal sufficiency and not for factual sufficiency.…

Colonel Rice was arrested for possession and distribution of CP. He was convicted in federal court and at court-martial. That is why we have a CAAF decision in United States v. Rice, __ M.J. ___ (C.A.A.F. May 21, 2020). I think part of the takeaway here is that the Government can’t charge under Clause (1)…

You all know that a client gets an automatic appeal to the Court of Criminal Appeals when the sentence is for more than one year and/or a punitive discharge. You all know that a case with a subjurisdictional sentence gets a legal review and can be petitioned to TJAG under Art. 69(b). Also, you should…

John E. Reid & Associates agree that more is needed than a simple “I did it.” The reported interrogations of some of these suspects involved physical coercion, duress and outright torture. While the Supreme Court has consistently prohibited such interrogation practices, evidently the trial courts rejected the defendant’s claim that their confession was false. Traditionally,…

http://www.reid.com/educational_info/r_tips.html?serial=2019041603&print=%5Bprint%5D Some questions to determine if a statement is voluntary.

From Prof. Miller. Thursday, April 30, 2020 Thompson & Casarez on Blind Testing and Forensic Sciences By CrimProf BlogEditor Sandra Guerra Thompson and Nicole B. Casarez (University of Houston Law Center and University of St. Thomas) have posted Solving Daubert’s Dilemma for the Forensic Sciences Through Blind Testing (57 Houston Law Review 617 (2020)) on…