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The Army Lawyer | Issue 2 2023View PDF
All Posts Author: Hannah Zeigler

Practice Notes: Can I Get a Witness?

The Confrontation Clause affords criminal defendants, including Service members, the right to confront witnesses whose statements are used against them at trial. Confrontation Clause analysis is the first step in determining admissibility of a non-present witness’s oral or written statements. The “principal evil” avoided through the Confrontation Clause is entry of inculpatory evidence without giving the accused adequate opportunity to test its veracity by examining the witness who asserted it.

No. 2: Excerpts from the Fiftieth Kenneth J. Hodson Lecture on Criminal Law

On 10 April 2023, Colonel (Retired) Larry Morris delivered the Fiftieth Kenneth J. Hodson Lecture on Criminal Law. His remarks touched on challenges facing practitioners, some suggested approaches, and some recommendations and observations on the military justice system. What follows are excerpts from those remarks. The full lecture will be available in the Military Law Review, volume 231, issue 2.