Saturday, June 16, 2007

Resource alert

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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