Comments on: NMCCA to consider what sounds like an interesting spin on Walters http://www.caaflog.com/2010/01/13/nmcca-to-consider-what-sounds-like-an-interesting-spin-on-walters/ Covering the Military Justice System Sat, 11 Feb 2012 03:34:35 +0000 hourly 1 http://wordpress.org/?v=3.3.1 By: anonymous http://www.caaflog.com/2010/01/13/nmcca-to-consider-what-sounds-like-an-interesting-spin-on-walters/comment-page-1/#comment-11602 anonymous Fri, 15 Jan 2010 22:02:37 +0000 http://www.caaflog.com/?p=4252#comment-11602 There are defense counsel in this world who would willingly accept a reversal of this conviction on a this technicality, even if all of the images were clearly 5 year olds. There are defense counsel in this world who would willingly accept a reversal of this conviction on a this technicality, even if all of the images were clearly 5 year olds.

]]> By: Divers http://www.caaflog.com/2010/01/13/nmcca-to-consider-what-sounds-like-an-interesting-spin-on-walters/comment-page-1/#comment-11579 Divers Fri, 15 Jan 2010 07:37:44 +0000 http://www.caaflog.com/?p=4252#comment-11579 What is a good alternative to "divers." More often than not when you are charging repeated or continuous misconduct you don't have eact dates. If an accused admits that he smoked dope constantly for a one year period, he isn't going to be able to know exact dates. How else then do you charge it than on "divers occasions" Plus, as you mention, charging each incident individually dramatically increases the accused's punitive exposure. What is a good alternative to “divers.” More often than not when you are charging repeated or continuous misconduct you don’t have eact dates. If an accused admits that he smoked dope constantly for a one year period, he isn’t going to be able to know exact dates. How else then do you charge it than on “divers occasions” Plus, as you mention, charging each incident individually dramatically increases the accused’s punitive exposure.

]]> By: Cloudesley Shovell http://www.caaflog.com/2010/01/13/nmcca-to-consider-what-sounds-like-an-interesting-spin-on-walters/comment-page-1/#comment-11570 Cloudesley Shovell Fri, 15 Jan 2010 00:16:34 +0000 http://www.caaflog.com/?p=4252#comment-11570 Eventually the lessons of Walters are going to filter down to the trial level (hello, JAG schools of all services, are you listening?), and these things are going to get charged in single specifications, vastly increasing the accused's theoretical punitive exposure. Whether it will in fact increase sentences is something I won't predict. I also long for the day when the words "divers occasions" are banished from charge sheets. It is truly disappointing that such an easy problem to avoid still infects the military justice system. Eventually the lessons of Walters are going to filter down to the trial level (hello, JAG schools of all services, are you listening?), and these things are going to get charged in single specifications, vastly increasing the accused’s theoretical punitive exposure. Whether it will in fact increase sentences is something I won’t predict.

I also long for the day when the words “divers occasions” are banished from charge sheets. It is truly disappointing that such an easy problem to avoid still infects the military justice system.

]]> By: Phil Cave http://www.caaflog.com/2010/01/13/nmcca-to-consider-what-sounds-like-an-interesting-spin-on-walters/comment-page-1/#comment-11567 Phil Cave Thu, 14 Jan 2010 19:27:18 +0000 http://www.caaflog.com/?p=4252#comment-11567 Or polling the members? Or polling the members?

]]> By: Anon http://www.caaflog.com/2010/01/13/nmcca-to-consider-what-sounds-like-an-interesting-spin-on-walters/comment-page-1/#comment-11566 Anon Thu, 14 Jan 2010 19:13:42 +0000 http://www.caaflog.com/?p=4252#comment-11566 Won't be long now until jurors are required to do detailed findings of fact and conclusions of law so that reviewing authorities can be sure a majority agreed on the same facts and theory of culpability. Won’t be long now until jurors are required to do detailed findings of fact and conclusions of law so that reviewing authorities can be sure a majority agreed on the same facts and theory of culpability.

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