Steffen Seitz, The Rule of Lenity and Affirmative Defenses. 102 Wash. U. L. Rev. 427 (2024). From the abstract. The rule of lenity is undergoing a renaissance. Lenity requires courts to construct ambiguous penal statutes narrowly. In recent years, scholars have sought to reinvigorate lenity as an important tool for combatting the American crisis in overcriminalization. At the same time, the Supreme Court has issued a series of decisions debating the breadth and importance of lenity. This Article contributes a new and unexplored dimension to the growing scholarship on lenity by considering lenity’s implications for affirmative defenses.
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Please save the date for a conference co-hosted by NIMJ and the Federal Sentencing Reporter. Booker at 20 | Developments in Military Sentencing Keynote: Hon. Stephanos Bibas April 25, 2025, Villanova Law School (and Zoom) One suspects this will be the only academic conference this year covering military sentencing. So, sentencing wonks, you are on notice!
John C. Dehn, The Good Officer: President Trump, General Milley, and the “Necessity” of Constitutional Fidelity, 90 Brook. L. Rev. 1 (2024).
Daniel Maurer, Congressional Action Could Stymie Executive Clemency for War Crimes. Lawfare, 9 December 2024. What is the real story here?
news.usni.org/2024/12/09/head-of-navy-jag-corps-requests-retirement-after-3-months A [Standard Operating Procedure [SOP] is sufficient to create a duty. The documentary evidence and testimony regarding the SOP and how it is carried out on a daily basis was sufficient to establish a duty in this case. the NMCCA cites to Manual for Courts-Martial, United States (2019 ed.) [MCM], pt. IV, para. 18.b.(3)(a-c) at IV-27-28.
This link will take you to the text of the now effective changes to the Fed. R. Evid.
Here is a link to the Federal Rules Advisory Committee, which, unlike the JSC, provides a robust history of the rules, input from the public, outside professionals, and academics, and the "intent" behind them. According to Mil. R. Evid. 1102, these rules will take effect 18 months from now unless the President says differently. The Data for Defenders program at the University of Michigan Law School promotes creative and evidence-based advocacy in criminal courtrooms by providing defenders with access to motions and briefs that incorporate cutting-edge social science research into defense advocacy. One of the motions that we drafted is a motion to modify the current pattern criminal jury instruction about a defendant's right to remain silent. Based on important social science research about assumptions that jurors are likely to make about the reasons why defendants choose not to testify, we are proposing to add language that provides jurors with innocent reasons why a defendant might choose not to testify so the instruction reads as follows: Every defendant has the absolute right not to testify. A defendant may choose not to testify for any number of innocent reasons, including a fear of not coming across well due to poor self-presentation skills, nervousness about public speaking, or because their lawyer has advised them not to testify for reasons unrelated to their guilt or innocence in this case. When you decide the case, you must not consider the fact that the defendant did not testify. It must not affect your verdict in any way. Posted on CrimProfBlog.
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