Clik here to view.
Rights waivers
SCOTUSBlog has this of potential interest. The petition of the day is: New Mexico v. Herring Issue: Whether Berghuis v. Thompkins requires advice that a suspect has the right to stop talking at any...
View ArticleClik here to view.
The Perils of Eyewitness Testimony
Eyewitness Memory for People and Events (Chapter 25) Gary L. Wells Iowa State University, Department of Psychology Elizabeth F. Loftus University of California, Irvine – Department of Psychology and...
View ArticleClik here to view.
Of course they are nervous
Prosecutors ask CID, NCIS, OSI, CGIS agents all the time why they didn’t believe the accused in the interrogation. The answer often is a variant of, “he was nervous.” Yeah, right. First they are told...
View ArticleIAC by not filing motions
Can a failure to file a pretrial motion equal ineffective assistance of counsel? The BLUF is yes in some cases. In some instances I have argued IAC on appeal for failing to make a meritorious motion....
View ArticleWorthTheRead-MRE 305
I don’t often look at the Naval Justice School site, less robust than it used to be. But today I did decide to see if there is a new issue of the Naval Law Review. Sure enough, there’s an article of...
View ArticleInterrogation and False Confessions in Rape Cases
I have used the title of a new paper by Prof. Richard Leo. Of the 1,705 post-conviction DNA and non-DNA exonerations that have occurred from 1989 to the end of 2015, approximately 13 percent of these...
View ArticleBe careful who you talk to
Be careful of who you talk to if you are in trouble. I think it’s fair to say that CAAF has narrowed the who and when requirement for an Article 31, UCMJ, warning, as illustrated in a recent Air Force...
View ArticleWorth the Read (WTR)–right to silence
Akorede Omotayo, The Right to Silence–or the Presumption of Guilt. This is an interesting discussion from another country on something we are familiar with. It will be recalled that the right to...
View ArticleWorth the Read on Confessions
From CrimProf Blog, Editor: Kevin Cole, Univ. of San Diego School of Law Friday, July 3, 2020 Sundby on Interrogation Law Continue reading
View Article
