In Founding Myths: Stories That Hide Our Patriotic Past, by Ray Raphael, one of his issues of inaccurate historical reporting is about Paul Revere. The book is incisive, well-written, and well worth the read. So it is in this context that I mention Michael Greenberg’s, The Court-Martial of Paul Revere: A…
Court-Martial Trial Practice Blog
An important reminder of what is inconsistent
If a witness testifies at trial the traffic light was red, the accused may ask if they told the police officer the light was green. And, depending on the answer the accused may offer extrinsic evidence of the inconsistency. This is a clear prior inconsistent statement. Usually there is no trouble…
Sexual misconduct in the Brig
The Marine Corps Times reports the court-martial conviction of a female guard at Miramar Naval Consolidated Brig, CA. Kohlman’s misconduct came to light when the prisoner, Shane Bardes, came forward last year with a detailed statement alleging she and other guards had taken advantage of his status as a prisoner to…
Military justice humour
For your calendar
At the 2015 Innocence Summit, the nation’s leading prosecutors, researchers, defense attorneys, citizen activists, exonerees, and others will come together to debate how the Innocence Movement can overcome old obstacles and achieve new successes. Theme: Forging Best Practices for Innocence Reform Why: Because our criminal justice system needs to apply evidence-based best practices in order to stop wrongful convictions…
NIMJ writing awards
Please see the NIMJ announcement of the Barry and Jenkins writing awards at this link. Kevin J. Barry Award for Excellence in Military Legal Studies. This award recognizes an outstanding article published in an academic or professional journal, and honors the memory of an outstanding scholar and peerless advocate of…
NCIS chief interviewed
Navy Times recently interviewed the Director of NCIS. Here is a question I found interesting and thought I’d share. Q. There have been a number of recent cases in which inspector general investigations concluded NCIS agents weren’t following procedures. What are you doing to improve that? A. I think if…
Up periscope under the radar
On 29 August 2014, the Inspector General, U.S. Department of Defense issue a report, Evaluation of DoD Compliance with the Sex Offender Registration and Notification Act. In connection with the U.S. sex offender registry’s, there is now quite a robust amount of research that seems to label the idea as…
Thinking upgrade
“Adolescents, more than adults, tend to discount the future and to afford greater weight to the short-term consequences of decisions.” Kim Taylor-Thompson, States of Mind/States of Development, 14 STAN. L. & POL’Y REV. 143, 154 (2003). How often do I think of this principle (cited to in The Virginia Lawyer,…
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