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Court-Martial Trial Practice Blog

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Federal Rule of Evidence change

An important change to the Federal Rules of Evidence begins today.  That means, absent Presidential action, the rule will take affect in the military no later than 18 months from now.  This is a significant change requiring the prosecution to corroborate statements against penal interest. On December 1, 2010, a…

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Up periscope

The Navy Times reports: The civilian attorney for a cruiser skipper fired for cruelty and mistreatment of her crew told a board of inquiry in his opening statement Tuesday that his client had been the victim of a sexist and vengeful wardroom of incompetent officers and an inspector general’s investigation…

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Command influence

Now available: Command Influence: A story of Korea and the politics of injustice, Robert A Shaines Robert A. Shaines today announced the release of Command Influence, A Story of Korea and the Politics of Injustice, published by Outskirts Press. Shaines’ fascinating peek into this less than honorable moment in American…

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He waivered

Professor Colin Miller has this useful reminder of the effects from Berghuis v. Thompkins. Say Anything?: Jeopardy Question About New Miranda Opinion Gets It Almost Completely Correct Last night’s episode of Jeopardy! featured the category "A Murder Investigation," with The Closer’s Kyra Sedgwick reading the clues. The $1000 clue in…

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PMC justice

Here is an interesting read.  Kathrine J. Chapman, The Untouchables: Private Military Contractors’ Criminal Accountability under the UCMJ, 63 VANDERBILT L. REV. 1047 (2010). The author argues that: PMCs must be held accountable for their criminal actions, not merely to provide personal justice for those injured by their crimes, but…

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