Category Archives: Evidence
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 »
Who’s Who at the Court Martial
Military courts-martial are similar to civilian trials, but there are some notable differences. The most important have to do with the key officials assigned to the court by the convening authority. The Military Judge The military judge presides over your case during the trial, and is also the final authority in all matters having… Read More »
Your Rights at the Article 32 Hearing
The Article 32 hearing is a crucial juncture on the way to a general court martial, and what happens there has significant consequences. Fortunately, Article 32 of the Uniform Code of Military Justice (UCMJ) guarantees important rights for the accused. The Right to be Prepared To ensure you’ll have the information you need to… Read More »
Military Investigations: Your Attorney’s Role
While law enforcement works to verify your accuser’s version of events, your attorney should be working to verify yours. When this is done properly, your legal team will be ready to refute the prosecution’s narrative and set the record straight throughout the case and at trial. One word of caution: Do NOT conduct this… Read More »
