Maybe not. There is quite a bit of research and anecdotal evidence to show that eyewitness testimony can be unreliable. Now New Jersey is in the frontline of making sure a jury is aware of the potential problems with eyewitness testimony. To quote the ABA Journal. New jury instructions in New Jersey will warn that…
Continue reading ›I have for some time been challenging the limitation on the defense opportunity to get depositions. The usual response is that a deposition isn’t for “good cause” because, according to the Discussion under R.C.M. 704, the witness “will be available at trial.” I argue that R.C.M. 704 and the discussion are not procedure authorized by…
Continue reading ›The Guardian, at guardian.co.uk reports that: An Afghan prosecutor has issued an arrest warrant for an American special forces commander over allegations that a police chief was murdered by a US-trained militia. He accused American officials of refusing to hand over evidence or to permit his investigators to interview the special forces commander, known to…
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