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An Overview Of The Capital Jury Project For Military Practitioners: Aggravation, Mitigation, And Admission Defenses, Eric Carpenter Jun 2011

An Overview Of The Capital Jury Project For Military Practitioners: Aggravation, Mitigation, And Admission Defenses, Eric Carpenter

Eric R. Carpenter

This article takes the findings from the Capital Jury Project (CJP) and applies them to military court-martial practice, taking note of military specific rules and case law that gain new meaning when placed in a CJP-informed context. This article covers themes in aggravation and mitigation and discusses the underlying juror beliefs that drive those themes. Throughout, the article explores how counsel on both sides of a capital court-martial can use these findings to improve their trial practice but pays special attention to how admission defenses address these themes.


Simplifying Discovery And Production- Using Easy Frameworks To Evaluate The 2009 Term Of Cases.Pdf, Eric Carpenter Dec 2010

Simplifying Discovery And Production- Using Easy Frameworks To Evaluate The 2009 Term Of Cases.Pdf, Eric Carpenter

Eric R. Carpenter

The military's discovery and production rules are fairly simple — if you can distinguish one from the other, which is not always an easy task. This article provides military practitioners with a set of tools for recognizing the differences between discovery and production rules. These tools are then applied to the 2009 term of military appellate cases which focused on discovery and production issues in order to illustrate whether the parties, the military judges, and the courts used sound reasoning in dealing with these issues.