HIGH MILITARY COURT SPLIT ON HUMAN LIE DETECTOR ISSUE

In a dramatic split decision, the United States Court of Appeals for the Armed Forces (CAAF) has ruled that the presence of “human lie detector” testimony in a court-martial is not necessarily enough to overturn the conviction of the accused. The powerful dissenting voices in the slip opinion, however, believe that significant errors were made in … Read more

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CAAF STRIKES DOWN “PROPENSITY” EVIDENCE RULE CONCERNING PRIOR CHARGES

In a new landmark decision, the United States Court of Appeals for the Armed Forces (CAAF) has struck down a certain use of an evidence rule to show an accused’s alleged propensity for sexual assault. The decision, United States v. Hills, is sure to affect countless cases going forward and even comments on growing, troubling trends … Read more

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APPEALS RULING LIMITS COURT JURISDICTION OVER ALLEGED VICTIM’S PETITION

The United States Court of Appeals for the Armed Forces (CAAF) has ruled that it has no jurisdiction to review a petition from an alleged victim pertaining to Article 6b(e). The decision comes with EV v. United States & Martinez, in which an alleged victim, EV, tried to prevent her mental health records from being … Read more

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APPEALS COURT ENFORCES REHEARING FOLLOWING “PLAIN ERROR”

A recent ruling from the United States Army Court of Criminal Appeals illustrates just how important due process should be during court-martial procedure. In United States v. Castillejo, the case of one Soldier convicted of sexual assault and abusive sexual contact, the court’s three-judge panel has called for a rehearing for an evidence mistake by the … Read more

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SCOTUS RULING MAKES EVIDENCE IN SOME ILLEGAL STOPS ADMISSIBLE

In a controversial new decision, the U.S. Supreme Court has ruled that evidence collected by police during illegal stops can still be admissible in court if there are outstanding warrants. As the New York Times reports, the 5-3 split decision has drawn concern from advocates all over the country and inspired a dissenting opinion Justice Sonia … Read more

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THE NAVY CLARIFIES MEDICAL REPORTING LAW

In a new advisory memorandum, the Navy has clarified when medical care providers should alert commanders of indications of misconduct from an active duty member. The notice comes following what has been recognized as “understandable confusion” on what to do with evidence of patient misconduct that is discovered during the course of providing medical treatment. … Read more

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AIR FORCE TIMES PUBLISHES OP-ED SUPPORTING MILITARY JUSTICE REFORM

While calls for military justice reform have been common over the last few years, they’ve often come from lawmakers, advocates, journalists, attorneys, and other outsiders. When it comes to actual military members and leaders, it’s hard to gauge how recognized the need for reform really is by the people who are actually subject to our … Read more

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APPELLATE COURT DECISION DEFINES INTERROGATION PROTECTIONS FOR SOLDIERS

The United States Court of Appeals for the Armed Forces recently ruled in a critical matter of constitutional rights and statutory provisions regarding remaining silent during interrogations. The decision, United States v. Evans, will likely affect numerous cases going forward in regards to defendants claiming self-incrimination and due process violations. THE CHARGES AGAINST FIRST LIEUTENANT … Read more

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PENTAGON FIRES BACK AGAINST MILITARY SEXUAL ASSAULT CONCERNS

Last month, New York Senator Kirsten Gillibrand made it known she would continue to pursue military justice reform to better prosecute cases involving sexual assault. Now, as The Hill reports, the Pentagon has issued a letter to the Senator’s office countering her claims and insisting that her grasp on the latest military sexual assault data is … Read more

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SENATOR GILLIBRAND REVIVES “INDEPENDENT MILITARY PROSECUTOR” AMENDMENT

In recent years past, New York Senator Kirsten Gillibrand has called for the installation independent prosecutors into the military justice system to better identify, try, and prosecute sexual assault offenders. Those efforts have been narrowly defeated in the Senate, but, as Stars and Stripes reports, Gillibrand will be re-proposing the amendment to the annual defense … Read more

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