Victim Privacy (M.R.E. 412 & 513)

October 10, 2014 - Public Meeting

Military Rules of Evidence (M.R.E.) 412 and Manual for Courts-Martial (MCM) Analysis
Federal Rules of Evidence (FRE) 412“Rape Shield” Statutes: Overview; Fed.R.Evid. 412; Mode of Dress, Statements of Sexual Nature or Intention, Criminal Law Bulletin, Graham, Autumn 2012From Chasity Requirement To Sexuality License: Sexual Consent and a New Rape Shield Law, George Washington Law Review, Anderson, February, 2002Time To Reform Rape Shield Laws: Kobe Bryant Case Highlights Holes in the Armor, 19-SUM Crim Just. 14, Anderson, Summer 2004Time to Fine-Tune Military Rule of Evidence 412, Military Law Review, Reeves, Summer 2008United States v. Ellerbrock, Court of Appeals for the Armed Forces, August 31, 2011Military Rules of Evidence (M.R.E.) 513 and Manual for Courts-Martial (MCM) AnalysisDefense Access to a Prosecution Witness's Psychotherapy or Counseling Records, Oregon Law Review, Fishman, 2007Walking A Tightrope: Balancing Victim Privacy and Offender Accountability in Domestic Violence and Sexual Assault Prosecutions, Part I, AEquitas, Kristiansson, May, 2013Walking A Tightrope: Balancing Victim Privacy and Offender Accountability in Domestic Violence and Sexual Assault Prosecutions, Part II, AEquitas, Kristiansson, May, 2013Refusing Discovery Requests of Privileged Materials: Pretrial in Criminal Cases, Violence Against Women Bulletin, NCVLI, June, 2011Military Rules of Evidence (M.R.E.) 513: A Shield to Protect Communications of Victims and Witnesses to Psychotherapists, Army Lawyer, Flippin, September, 2013Comparison of the Federal Rules of Evidence (FRE) and Military Rules of Evidence (M.R.E.) for Victim Privacy ProvisionsAdjudicating Victim Privacy Interests under Military Rules of Evidence 412 & 513, Mr. William BartoDefense Access to a Prosecution Witness's Psychotherapy or Counseling Records, Professor Clifford S. FishmanStatement, Mr. Ryan Guilds, Attorney, Arnold & Porter, LLPStatement, Ms. Miranda Petersen, Policy Director, Protect Our Defenders & Victim StatementSpecial Requests for Information, Mr. William Barto, dated October 23, 2014Statement, Ms. Viktoria Kristiansson, Attorney Advisor, AEquitasSupplemental Statement, Ms. Miranda Petersen, Protect Our Defenders & Victim Statement & Mr. Rayna Guilds, Arnold & Porter LLP, dated October 24, 2014Letter from Protect Our Defenders to President Barack Obama, reference Rules for Courts-Martial 405(1) and Military Rules of Evidence 412, dated September 25, 2013Letter from Protect Our Defenders, reference Summary Concerns of Military Rules of Evidence 412 Executive Order, dated July 28, 2014Supplemental Statement, Lieutenant Commander Stephen C. Reyes, Judge Advocate General's Corps, US Navy, dated October 24, 2014Supplemental Statement, Major Andrea Hall, Senior Defense Counsel, US Air Force

January 16, 2015 - Public Meeting

The Consent Defense, The New Yorker, Jeffrey Toobin, dated September 1, 2003
Talk the Talk; Now Walk the Walk: Giving an Absolute Privilege to Communications Between a Victim and Victim-Advocate in the Military, Military Law Review, Volume 185, Number 149, Major Paul M. Schimpf, U.S. Marine Corp, dated Fall, 2005“HC” v. Bridges, U.S. Army Court of Criminal Appeals, dated December 1, 2014"CC" v. Lippert & Osier, U.S. Army Court of Criminal Appeals, dated October 13, 2014Allen v. Redmond, U.S. Supreme Court, dated June 13, 1996U.S. v. Gaddis, U.S. Court of Appeals for the Armed Forces, dated August 10, 2011U.S. v. Harding, U.S. Court of Appeals for the Armed Forces, dated April 13, 2006U.S. v. Hudgins, U.S. Air Force Court of Criminal Appeals, dated April 3, 2014U.S. v. Klemick, U.S. Navy-Marine Corps Court of Criminal Appeals, dated August 7, 2006Federal Register Notice, Volume 79, Number 192, Manual for Courts-Martial - Proposed Amendments Notice, dated October 3, 2014Congressional Record 34912, dated October 10, 1978U.S. Air Force Instruction 44-109, Mental Health, Confidentiality, and Military Law, dated July 17, 2014Army Regulation 40-66, Medical Record Administration and Healthcare Documentation, dated January 4, 2010Army Regulation 195-2, Chapter 1, Section K, Part 4, Criminal Investigation Activities, dated May 15, 2009Department of Defense Health Information Privacy Regulation, dated January, 2003Department of Defense Instruction, Command Notification Requirements to Dispel Stigma in Providing Mental Health Care to Service Members, dated August 17, 2011Uniform Rules of Practice for the U.S. Navy-Marine Corps Trial Judiciary, dated June 28, 2012

January 6, 2017 - Public Meeting

Issues Outline - Military Rules of Evidence (M.R.E.) 412 (Sex Offense Cases: The victim's sexual behavior or predisposition) and 513 (Psychotherapist-Patient Privilege), prepared by JPPNational Defense Authorization Act Provisions (NDAA), Military Rules of Evidence (M.R.E.) 412 and 513 (Fiscal Years 2013-2016)Executive Order 13696 - 2015 Amendments to the Manual for Courts-MartialJPP Initial Report - Excerpts on Victim Privacy, dated February 4, 2015Military Rule of Evidence (M.R.E.) 412 (Sex Offense Cases: The Victim's Sexual Behavior or Predisposition)Federal Rule of Evidence (F.R.E.) 412 (Sex Offense Cases: Relevance of Alleged Victim's Past Sexual Behavior or Alleged Sexual Predisposition)Military Rule of Evidence (M.R.E.) 513 (Psychotherapist-Patient Privilege)Federal Rule of Evidence (F.R.E.) 501 (Privileges in General)Rule for Court-Martial (RCM) 405 (Preliminary Hearing)EV v. United States and Martinez, Petition filed in the United States Court of Appeals for the Armed ForcesEV v. Robinson and Martinez, Complaint, Motion for Temporary Restraining Order, and Preliminary Injunction filed in the United States District Court, District of ColumbiaEV v. Robinson and Martinez, Petition for a Writ of Mandamus filed in the United States District Court for the Eastern District of CaliforniaDB v. Lippert and Ducksworth, Petition filed in the United States Army Court of Criminal Appeals

 

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