Category Archives: Evidence
Fighting an AR 15-6 Investigation | Interview with Investigating Officer
Below is a portion of the transcript from the Military Justice Today Podcast episode on Army Regulation 15-6 investigations and includes a discussion between host Matt Starosciak and military defense attorney Josh Conklin about whether or not to retain an attorney before giving any statements. To listen to the full episode, click here. Matt: … Read More »
Self Defense Expert John Correia on Military Justice Today
It was great to have John Correia from Active Self Protection join the podcast. John is one of the foremost experts on self-defense and use of force scenarios and brings tremendous insight to the legal issues involved in these types of cases.
New Podcast Episode: Military Rules of Evidence
We recently released another episode of the Military Justice Today Podcast covering the 100 series of the Military Rules of Evidence, including how to effectively argue them before and during a court-martial trial. To listen to the full episode, click here.
New Podcast: NY City Subway Case
In this episode of Military Justice Today, attorney Robert Capovilla discusses the New York City subway self-defense case involving a Marine and homeless passenger, including the moral, legal, and media aspects of the case. To listen to the full episode on Spotify, click here.
The Closing Argument, Part 1
Your attorney has argued your case, presented the evidence, examined and cross-examined the witnesses. Now it’s time to bring it all home in the closing statement. The stakes couldn’t be higher. When I prepare a closing statement, I follow four principles to make sure I’m delivering the most logical, persuasive argument possible. This post… Read More »
Getting to Truth on Cross-Examination
Courtrooms are places where stories are told. Your attorney’s cross-examination of the witnesses for the prosecution reveals the holes in their story and demonstrates the credibility of yours. As legendary trial attorney Gerry Spence puts it, “Basic cross-examination is nothing more than a true-or-false test administered to the witness.” The Rules of Cross-Examination Drawing… Read More »
Let Them Speak: Direct Examination of Witnesses
The burden of proof at a court martial is on the prosecution: if they can’t prove to the panel beyond a reasonable doubt that you committed the crime you’re accused of, you’ll go free. This simple fact determines the structure of the trial proceedings. After opening statements from both sides, the prosecuting attorney will… Read More »
The “He Has Done It Before Rule”
Generally speaking, the rules for a court martial do not allow prosecutors to introduce as evidence other crimes committed by the defendant in the past. Military Rule of Evidence 413 is an exception. Rule 413 says that accusations of prior sexual misconduct can be admitted at a sexual assault court martial as evidence of… Read More »
The Rape Shield Law
Servicemembers charged with sexual assault need to know about Military Rule of Evidence 412, known as the Rape Shield Law. Rule 412 is designed to protect the privacy and dignity of victims of sexual assault by ruling evidence about the accuser’s sex life that isn’t strictly relevant to the charged offense inadmissible. Your accuser… Read More »
Two Hearings: Arraignment and Motions
The court martial is under way. First up: Two pre-trial hearings and the beginning of the discovery phase, where each side shares its evidence with the other and builds its case. We’ll talk about discovery in the next post. In this one, we want to discuss the two pre-trial hearings. The Arraignment Hearing The… Read More »
