The March issue of the Army Lawyer is now on TJAGLCS's web site. The edition includes two military justice articles, both written by military judges. Colonel Michael J. Hargis writes a 2-1/4 page piece called, "Military Rule of Evidence (MRE) 412 and Sentencing." He emphasizes that Military Rule of Evidence 412's limitations apply during sentencing and analyzes them through the hypothetical of a defense counsel who wants to introduce evidence of a sexual assault victim's prior extensive sexual activity as a matter in extenuation and mitigation. Judge Hargis suggests that such evidence would likely be inadmissible.
Colonel David Conn writes a 7-1/3 page piece called, "Using a Witness's Prior Statements and Testimony at Trial." This piece is a refresher on the law with a few tactical suggestions sprinkled throughout the text.
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