Fifth Amendment Privilege was not violated by compelling the
defendant to provide an unencrypted version of his laptop drive
containing suspected child pornography to the government, in In re Boucher, (D.Vt. Feb. 19, 2009) (No. 2:06-mj-91) (2009 WL 424718) (unpublished) (“Boucher II“)
The February Army Lawyer is on-line. There are four articles of interest to military practitioner's.
| 2008 New Developments in Self-Incrimination | |
| New Developments in Sixth Amendment Confrontation and Jurisdiction | |
| Building a Better Mousetrap or Just a More Convoluted One?:A Look at Three Major Developments in Substantive Criminal Law | |
| “Planning is Everything” Purpose Driven Trial Preparation |
Here is John
C. Yoo's October 23, 2001 memo on the use of U.S. troops to conduct
military warrantless raids inside the U.S. here.
[I quote] If you’re a briefwriter who, for
whatever reason, rarely gets the opportunity to present oral argument,
take heart in this quotation by a Fifth Circuit legend:
Psychology & Crime News has an interesting post about forensic linguistics in crime detection. Using forensic linguistics in the criminal justice system, P&CN, 28 February 2009.
John Olsson of the Forensic Linguistics Institute is one of the UK’s most experienced forensic linguists, with over
300 criminal cases in his portfolio. He kindly agreed to answer a few
| NDAA National Prosecution Standards – 2nd Edition | |
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Download Publication This |
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United States v. Fletcher, 62 M.J. 175, 179 (C.A.A.F. 2005).
There are also standards for the defense function.
The full ABA Criminal Justice Standards are available on-line.
Do No Wrong: Ethics for Prosecutors and Defenders
By Peter A. Joy and Kevin C. McMunigal
This book is designed to help provide guidance for resolving ethical issues such as:
-How far may the prosecution or defense go in using religion in closing argument?
-Does the defense lawyer or the client decide whether to raise an insanity defense or to present mitigation evidence?
-Is the defendant entitled to Brady material prior to entering a plea bargain?
-When may the defense introduce evidence of an alternate perpetrator or
SODDI (the "some other dude did it") defense? (Jan. 2009, 205 pages).
A little off message, but I suppose this item could be squeezed into previous posts about forensics.
"police and medical examiners who thought a man died of natural causes
Iraq, now-acquitted Staff Sgt. Alberto Martinez of Rensselaer County
said Tuesday he was "very, very innocent" of the slayings — yet
Court-Martial Trial Practice Blog