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Articles Posted in court-martial. ucmj

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It was him, I’m sure

Maybe not.  There is quite a bit of research and anecdotal evidence to show that eyewitness testimony can be unreliable.  Now New Jersey is in the frontline of making sure a jury is aware of the potential problems with eyewitness testimony.  To quote the ABA Journal. New jury instructions in…

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Depositions

I have for some time been challenging the limitation on the defense opportunity to get depositions. The usual response is that a deposition isn’t for “good cause” because, according to the Discussion under R.C.M. 704, the witness “will be available at trial.”  I argue that R.C.M. 704 and the discussion…

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Up periscope WE 160510

The Guardian, at guardian.co.uk reports that: An Afghan prosecutor has issued an arrest warrant for an American special forces commander over allegations that a police chief was murdered by a US-trained militia. He accused American officials of refusing to hand over evidence or to permit his investigators to interview the…

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