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Worth the Read
David F. Jacobs, Fifth Amendment in the Digital World, 43 THE REPORTER 2 (2017). This should be read considering the recent Air Force Article 62, UCMJ, appeal in United States v. Blatney, Misc. Dkt. No. 2016-16 (A.F. Ct. Crim. App. 22 May 2017) (unpub.). In Blatney the OSI gained consent to search the accused’s phone and also had him agree to “unlock” the phone. See also, United States v. Robinson, No. ACM 38942 (A.F. Ct. Crim. App. 15 May 2017)(unpub.).
Bradford D. Bigler, Rebalancing Military Sentencing: An Argument to Restore Utilitarian Principles Within the Courtroom. 225 MIL. L. REV. 1 (2017). This should be read after doing some reading on restorative justice. I have for some years been advocating with SJA’s and convening authorities a pretrial agreement more focused on the principles of restorative justice. In that vein, I have had some success in obtaining some creative agreements. The simplest has been direct restitution to the victim or complaining witness. As an example, the payment of a significant dollar amounts directly to the victim—as restitution. Such agreements must be negotiated through the SJA and commander to avoid ethical issues by dealing directly with the victim. I have also seen a case or two where the client was accused of obstructing justice by seeking to negotiate their own resolution with the alleged victim—this is a critical concern in the messy divorce and child custody case.
Have a case with these issues? Give me a bell (a British expression for a phone call) at 703-298-9562 or drop an eMail to mljucmj@court-martial.com.