On concurringopinions blog Daniel Solove, flogs his new book, NOTHING TO HIDE: THE FALSE TRADEOFF BETWEEN PRIVACY AND SECURITY (Yale University Press, May 2011). This book grows out of an essay I wrote a few years ago about the Nothing-to-Hide Argument. The essay’s popularity surprised me and made me realize…
Here is another Fasler trailer. Until Fasler is resolved the prosecution should be pleading in accordance with the issue in Fasler – what’s the harm – it’s a few extra words. WHETHER AN ARTICLE 134 CLAUSE 1 OR 2 SPECIFICATION THAT FAILS TO EXPRESSLY ALLEGE EITHER POTENTIAL TERMINAL ELEMENT STATES…
What do you do, if anything, if your client confesses to a crime for which he is not charged, but someone else is, or where someone else has already been convicted. Not a common practice in the military, or is it. What about the multi-accused drug case for example? Here’s…
Army Times reports that: The intelligence analyst suspected of illegally passing government secrets to the WikiLeaks website has been found competent to stand trial, the Army said Friday. And of course the Daily News reports he’s no longer in “solitary.” Law.com has this interesting piece about the “struggle” courts have…
In United States v. Arriaga, CAAF holds that housebreaking is an LIO of burglary (an alternate argument was that even if the HB was an LIO, they MJ erred in instructing on the offense because it wasn’t raised by the evidence), and that appellant was denied a “speedy” post-trial review.…
In United States v. Gubitosi, the Appellant was convicted of one specification of unauthorized absence, in violation of Article 86, Uniform Code of Military Justice (UCMJ); one specification of drunken operation of a vehicle, in violation of Article 111, UCMJ; and one specification of underage drinking, one specification of using…
Navy Times reports: The former executive officer of a Mayport, Fla.-based destroyer pleaded not guilty to multiple counts of assault, wrongful sexual contact and other charges during an arraignment Wednesday at Naval Station Mayport, according to Naval Surface Force Atlantic. Prior links here and here.
Military.com reports: The commander of a guided-missile destroyer has been relieved of command while the Navy investigates allegations of misconduct. The San Diego-based Third Fleet says Cmdr. Jay Wylie of the USS Momsen was relieved Wednesday due to “loss of confidence in his ability to command.” He was reassigned to…
Here’s an interesting report from the National Institute of Justice. The writers find that SOR has little effect on the rate or recidivism of sex offenders in New Jersey. They reference, The New Jersey study report Megan’s Law: Assessing the Practical and Monetary Efficacy is available at: http://www.ncjrs.gov/pdffiles1/nij/grants/225370.pdf. Sex offense…
Navy Times reports: Two sailors assigned to the naval hospital at Camp Lejeune, N.C., are being described as “persons of interest” in a child molestation and child pornography investigation that has netted a local woman on charges that include the molestation of her 5-year-old niece.