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Hosted by The Judge Advocate General · 🇺🇸 US · EN · 83 episodes
Established thought leaders with verified media credentials.
This podcast is part of The Quill & Sword series of podcasts created and hosted by The Judge Advocate General’s Legal Center and School (TJAGLCS). Produced by the TJAGLCS Criminal Law Department, the podcast offers a 10-20 minute discussion about every published CAAF opinion—"CAAF Chats"—as well as a curated assortment of selected topics related to military justice - "Military Justice Grab Bag." Two shows, one channel. Connect with The Judge Advocate General’s Legal Center and School by visiting our website at https://tjaglcs.army.mil/ or on Facebook (tjaglcs), Instagram (tjaglcs), or LinkedIn (school/tjaglcs).
The Judge Advocate General hosts Criminal Law Department Presents, a government show with 83 episodes published.
In this episode, we review the CAAF's ruling that a defense counsel's statement of “no motions” at arraignment constituted an affirmative, express waiver of a multiplicity challenge to duplicative Article 128b domestic v
In this episode, we review whether a suspect's statement, “I would like to speak to a lawyer, but um, yeah,” was an unequivocal invocation of the right to counsel under Article 31, UCMJ principles. We examine how the Cou
In this episode, we review the interplay between unlawful command influence (UCI) and a plea agreement's waiver of all waivable motions. We examine whether a “waive all waivable motions” provision, confirmed through a ju
In this episode, we review the notice requirements for an offense of conduct unbecoming an officer under Article 133. We examine preemption rules and whether an accused has fair notice that kissing a junior enlisted trai
In this episode, we discuss the meaning of the term transaction under Rule for Courts-Martial 1002(d)(2)(B)(i). We review when sentences to confinement for multiple offenses should run concurrently or consecutively. We a
In this episode, we review the sufficiency of evidence to sustain a conviction of wrongful use of a controlled substance under Article 112a, UCMJ. Specifically, we address the standard required to trigger the permissive
In this episode, we sit down with George Brauchler, the 53rd Kenneth J. Hodson Lecturer in Criminal Law at The Judge Advocate General’s Legal Center and School. Mr. Brauchler is the elected District Attorney for Colorado
In this episode, we review the authority of Courts of Criminal Appeals to grant appropriate relief for errors after entry of judgment. We discuss whether a CCA can provide backpay as a lawful remedy for illegal post-tria
In this episode, we discuss discovery obligations in the context of an innocent ingestion defense to an allegation of wrongful use of a controlled substance under Article 112a, UCMJ. We review the standard under Brady v.
In this episode, we address victim impact statements under R.C.M. 1001(c). Specifically we discuss the inclusion of uncharged misconduct by the accused in the unsworn statement and whether it constitutes victim impact. W
In this episode, we examine for cause challenges to panel members, specifically an implied bias challenge based on comments regarding an accused that retains civilian defense counsel. We discuss the liberal grant mandate
In this episode, we review the interpretation of possession, custody, or control under R.C.M. 701, where defense counsel requests access to the data within the seized phone of the accused that the government is unable to
In this episode, we discuss the scope of sentence appropriateness and whether Courts of Criminal Appeals may consider the terms of a plea agreement in their review. We offer practical considerations for trial practitione
In this episode we discuss the legal and factual sufficiency of evidence considered in Article 120(b)(2)(A) – sexual assault without consent cases in light of CAAF’s recent Mendoza and Casillas opinions. We discuss at le
In this episode, we address providency and the applicability of permissive inferences in guilty pleas. We also discuss practical considerations for counsel in making charging decisions, preparing clients for the guilty p
In this episode, we review the application of confinement credit under United States v. Pierce to cases involving segmented sentences. We also discuss practical takeaways for charging decisions and advising clients. Lear
In this episode, we discuss changes in the detailed military judge and distinctions between reassignment, removal, disqualification, and recusal. We examine how these distinctions affect the applicable prejudice test for
In this episode we discuss the jurisdiction and authority of the Courts of Criminal Appeals and the Court of Appeals for the Armed Forces to address alleged errors in post-trial actions that indicate firearms restriction
In this episode we examine the admission of uncharged acts occurring months after the alleged offenses for the purpose of common plan or scheme under Military Rule of Evidence 404(b). We discuss application of the Reynol
In this episode we discuss the constitutionality of Article 120 and distinctions from CAAF’s recent Mendoza opinion. We also cover the other granted issues addressing questions of legal sufficiency, panel member bias, sp
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Criminal Law Department Presents is hosted by The Judge Advocate General. The show is categorised under government and has published 83 episodes.
Criminal Law Department Presents has published 83 episodes.
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