Despite Congress’s meddling with certain rules of evidence as a way to ensure convictions in sexual assault cases, we should consider that in almost every sexual assault case good character evidence will in fact be admissible and have a role. We are constrained to sustain the assignments which complain of…
The Federal Defender at www.fd.org has some useful information, guides, updates, etc., etc., etc.
Once again one of my two favorite evidence blogs (federal evidence review) has published the annual “review” for 2013 and for 2014. Key Evidence Issues During 2013 1. Supreme Court Watch: Fifth Amendment (Self-Incrimination Clause): Kansas v. Cheever: Allowing The Government To “Follow” Where The Defense Leads On Defense Expert Mental…
I was over at ACCA today for the oral argument in United States v. Martin. As best I could tell CPT Martin was really drunk at the time of the alleged offenses. A cab driver who dropped him off apparently testified that “he was the most drunk person he’s ever seen,”…
1. The Prosecutor’s Responsibilities 1-1.1 Primary Responsibility The prosecutor is an independent administrator of justice. The primary responsibility of a prosecutor is to seek justice, which can only be achieved by the representation and presentation of the truth. This responsibility includes, but is not limited to, ensuring that the guilty…
It is unusual in military cases to have evidence of microscopic hair analysis. But, it’s worth keeping up on, just in case. Also, the point below is further substantiation of the National Academy of Sciences critique of forensic “science” evidence. A 2009 news release on the NSA report had this…
The ACCA has issued an unpublished opinion in United States v. Barnes. We all of us have dealt with the client who wants to – and should – plead guilty to some offenses, but he tells you he was so drunk at the time he remembers nothing, or…
In my view it’s all too easy for emails to be authenticated in courts. Emails can be spammed, altered, and a lot of other things, including cut-and-paste which is all too common. Here is a note from Prof. Colin Miller about a case* in Texas that appears to take a…
This article takes a closer look at the Duke Rape Case by analyzing the book Institutional Failures, a collection of essays that testifies to the immense damage wrought by the failure of three systems of control: the University, by failing to protect its students from a mob demanding quick justice;…
The nation’s crime labs are no strangers to scandal. Last year in Massachusetts, bogus testing by former chemist Annie Dookhan called into question tens of thousands of cases and led to the release of more than 300 people from the state’s prisons. There are currently no uniform standards or regulations for forensic labs.…