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Court-Martial Trial Practice Blog

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Is there racial disparity in disciplinary actions within the Armed Services

Black sailors more likely than white sailors to be referred to court-martial, report says Brock Vergakis, The Virginian-Pilot, 7 June 2017.  The VP summarizes: Black sailors were 40 percent more likely than white sailors to be referred to a court-martial over a two-year period examined by an advocacy group that…

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Outrageous prosecuting conduct leads to a reversal at NMCCA

LtCol CT called the possibility that defense counsel might be asking potential witnesses about evidence governed by MIL. R. EVID. 412 and 513 “gross and cruel.”  All this caused Capt X (the defense counsel) to audibly sob at counsel table, and she was unable to continue. Unfortunately, it appears that…

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U.S. ooops, Canadian, courts-martial

It is essential that this parallel military justice system be seen as fair, just, [Constitution] compliant, and operating effectively, both at home and abroad. I note in passing that the civilian justice system also provides for extraterritorial jurisdiction in several contexts. However, unlike the civilian justice system, the extra-territorial reach…

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Supplement on investigations into law of war violations

https://globalmjreform.blogspot.com/2017/06/targeting-and-law-of-war.html Reposting a new publication for judge advocates supporting investigations into law of war violations.  In particular, it relates to targeting decisions and the aftermath.  There are specific points to assist in evaluating criminal responsibility under the UCMJ.

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DNA may not be all it can be

As an investigative tool, DNA has been a powerful weapon in identifying or confirming who committed a crime.  But the value of DNA evidence is overshadowed by regular stories of corruption, incompetence, and flawed interpretation.  It’s, for this reason, I never accept the DNA results as golden for the prosecution…

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