"June 5, 2024
For Immediate Release The DAC-IPAD to Hold its Thirty-Fifth Public Meeting Arlington, VA - The thirty-fifth public meeting of the Defense Advisory Committee on Investigation, Prosecution, and Defense of Sexual Assault in the Armed Forces ("DAC-IPAD" or "the Committee"), will be held on Tuesday, June 11th, 2024, and Wednesday, June 12th, 2024, at the Convene meeting and event space located at 600 14th Street NW, Washington, DC, 20005. On June 11th, the Committee will discuss the rights of military crime victims during the pretrial and trial phase of a case with military appellate counsel as well as procedures for post-conviction review of courts martial. The day will conclude with a session to hear perspectives on the scope of the military psychotherapist-patient privilege and on comparative perspectives in federal victims’ rights litigation. On June 12th, the Committee will review comprehensive, first-of-its-kind statistical data on the race, ethnicity, and gender of military juries in sexual assault courts-martial completed in Fiscal Years 2021 and 2022. This session will highlight the demographic make-up of military “venires.” Additionally, this study will consider the overall demographic characteristics of each of the Armed Forces. After analyzing the statistical data produced by the Committee’s staff consultant and an independent criminologist, Dr. William Wells, the Committee will discuss its implications for initiatives to change the military jury selection process. The DAC-IPAD welcomes written input from the public on these topics or other issues under its consideration. Written comments must be received by the DAC-IPAD at least five (5) business days prior to the meeting date so that they may be made available to the Committee members for their consideration prior to the meeting. Written comments should be submitted via e-mail to the DAC-IPAD at [email protected]. Please note that since the DAC-IPAD operates under the provisions of the Federal Advisory Committee Act, as amended, all written comments will be treated as public documents and will be made available for public inspection. The Committee will not receive oral statements from the public at this meeting. The DAC-IPAD was established by the Secretary of Defense in February 2016, in accordance with section 546 of the National Defense Authorization Act for Fiscal Year 2015, as amended. The Committee is tasked to advise the Secretary of Defense on the investigation, prosecution, and defense of allegations of rape, sexual assault, and other sexual misconduct involving members of the Armed Forces based on its review of such cases on an ongoing basis. More information about the Committee, including the meeting agenda and materials, is available on its website at https://dacipad.whs.mil/. In the event the Office of Personnel Management closes the government due to inclement weather or for any other reason, please consult the website for any changes to public meeting dates or time."
4 Comments
United States v. Moore |
CAAF: "In terms of the next stage of Appellant’s court-martial proceedings, it cannot be emphasized strongly enough that Appellant chose to plead guilty to the offenses of desertion with intent to shirk hazardous duty and misbehavior before the enemy." | DCD: "Had the plaintiff known of the military judge’s apparent conflict of interest, it is reasonable to expect that he may have chosen not to plead guilty. Moreover, the plaintiff faced a potential sentence of lifetime imprisonment on the desertion charge and “[t]he military judge [had] denied [all three of] the plaintiff’s [ ] unlawful command influence [motions,]” id. at 40, which likely further incentivized the plaintiff’s decision to plead guilty. Given these circumstances, the Court is unwilling to ascribe significant weight to the plaintiff’s decision to plead guilty." |
Or, more narrowly: recklessness default rules do not apply when there is an expressed mens rea in an enumerated offense.
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