U.S. v. Griffin, 50 M.J. 278

First Principles: Constitutional Matters: Confessions

1. in the face of an appropriate motion or objection, the prosecution bears the burden of establishing the admissibility of a confession, and the military judge must find by a preponderance of the evidence that the statement was voluntarily made, considering the totality of the circumstances, including both the characteristics of the accused and the details of the interrogation

Core Criminal Law Subjects: Evidence: Confessions and Admissions › Generally

1. in the face of an appropriate motion or objection, the prosecution bears the burden of establishing the admissibility of a confession, and the military judge must find by a preponderance of the evidence that the statement was voluntarily made, considering the totality of the circumstances, including both the characteristics of the accused and the details of the interrogation

Core Criminal Law Subjects: Evidence: Confessions and Admissions › Voluntariness

1. in the face of an appropriate motion or objection, the prosecution bears the burden of establishing the admissibility of a confession, and the military judge must find by a preponderance of the evidence that the statement was voluntarily made, considering the totality of the circumstances, including both the characteristics of the accused and the details of the interrogation

Core Criminal Law Subjects: Evidence: Expert / Scientific Testimony

1. the proponent of expert testimony reflecting technical or other specialized knowledge must satisfy the analysis of Daubert v. Merrell Dow Pharmaceuticals, Inc., 509 U.S. 579 (1993), and United States v. Houser, 36 MJ 392 (CMA), cert. denied, 510 U.S. 864 (1993), to show that the proffered testimony meets the requirements for reliability and relevance
2. military judge did not abuse his discretion in excluding proffered testimony of psychologist which was not shown to be reliable to support conclusion that confession was involuntary where: (1) expert would not be able or permitted to testify that the confession was false; (2) expert could not testify that confession was coerced, but could only say it was “consistent with a coerced compliant type confession”; (3) expert’s conclusions were based in part on accused’s version of events surrounding questioning, and military judge found that version to be not credible; (4) expert expressed reservations about the normative standards base on which he based his conclusions; and (5) the proffered evidence shed little light on whether confession was coerced

Core Criminal Law Subjects: Witnesses: Experts

1. the proponent of expert testimony reflecting technical or other specialized knowledge must satisfy the analysis of Daubert v. Merrell Dow Pharmaceuticals, Inc., 509 U.S. 579 (1993), and United States v. Houser, 36 MJ 392 (CMA), cert. denied, 510 U.S. 864 (1993), to show that the proffered testimony meets the requirements for reliability and relevance
2. military judge did not abuse his discretion in excluding proffered testimony of psychologist which was not shown to be reliable to support conclusion that confession was involuntary where: (1) expert would not be able or permitted to testify that the confession was false; (2) expert could not testify that confession was coerced, but could only say it was “consistent with a coerced compliant type confession”; (3) expert’s conclusions were based in part on accused’s version of events surrounding questioning, and military judge found that version to be not credible; (4) expert expressed reservations about the normative standards base on which he based his conclusions; and (5) the proffered evidence shed little light on whether confession was coerced

Core Criminal Law Subjects: Burdens, Standards, Presumptions, Inferences: Trial Burdens, Standards › Confessions and admissions

1. in the face of an appropriate motion or objection, the prosecution bears the burden of establishing the admissibility of a confession, and the military judge must find by a preponderance of the evidence that the statement was voluntarily made, considering the totality of the circumstances, including both the characteristics of the accused and the details of the interrogation

Trial Stages: Merits: Motions

1. in the face of an appropriate motion or objection, the prosecution bears the burden of establishing the admissibility of a confession, and the military judge must find by a preponderance of the evidence that the statement was voluntarily made, considering the totality of the circumstances, including both the characteristics of the accused and the details of the interrogation

Trial Stages: Appeals: Standards of Review, Burdens, etc.

1. military judge’s decision under MRE 702 concerning admissibility of expert testimony is reviewed for abuse of discretion; whether the military judge correctly applied the Daubert [509 U.S. 579 (1993)] framework is reviewed de novo and, if so, the military judge will not be overturned unless his decision is manifestly erroneous