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Criminal Law Department Presents

Criminal Law Department Presents

By: The Judge Advocate General's Legal Center and School
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Summary
 This podcast is part of The Quill & Sword series of podcasts created and hosted by The Judge Advocate General’s Legal Center and School (TJAGLCS). Produced by the TJAGLCS Criminal Law Department, the podcast offers a 10-20 minute discussion about every published CAAF opinion—"CAAF Chats"—as well as a curated assortment of selected topics related to military justice - "Military Justice Grab Bag." Two shows, one channel. Connect with The Judge Advocate General’s Legal Center and School by visiting our website at https://tjaglcs.army.mil/.DVIDSHub.net Political Science Politics & Government
Episodes
  • Criminal Law Department Presents – CAAF Chats Ep 82: United States v. Braum (C.A.A.F. 2026)

    Criminal Law Department Presents – CAAF Chats Ep 82: United States v. Braum (C.A.A.F. 2026)
    Oct 14 2026
    In this episode, we review the discovery and disclosure rules under R.C.M. 701 and R.C.M. 703, highlighting the tension between a victim's Fourth Amendment privacy rights in digital evidence and the accused's statutory right to discovery. We examine whether the military judge erred in denying defense access to a complete forensic data extraction of the victim's cell phone when the government held physical possession of the data, but the victim had consented only to a limited, location-related search. We provide key takeaways on the strategic trial application of the harmless error standard, the evolving definition of physical possession in the digital age, and the broader appellate trajectory of balancing Fourth versus Sixth Amendment rights in military courts. Learn more about The Quill & Sword series of podcasts by visiting our podcast page at https://tjaglcs.army.mil/thequillandsword. The Quill & Sword show includes featured episodes from across the JAGC, plus all episodes from our four separate shows: “Criminal Law Department Presents” (Criminal Law Department), “NSL Unscripted” (National Security Law Department), “The FAR and Beyond” (Contract & Fiscal Law Department) and “Hold My Reg” (Administrative & Civil Law Department). Connect with The Judge Advocate General’s Legal Center and School by visiting our website at https://tjaglcs.army.mil/.
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    22 mins
  • Criminal Law Department Presents – CAAF Chats Ep 81: United States v. Maebane (C.A.A.F. 2026)

    Criminal Law Department Presents – CAAF Chats Ep 81: United States v. Maebane (C.A.A.F. 2026)
    Sep 16 2026
    In this episode, we review the residual hearsay exception under M.R.E. 807 and the Sixth Amendment right to present a complete defense under Chambers v. Mississippi. We examine whether the military judge arbitrarily excluded a third party's recorded confession and apology letter to the victim's parents, and whether admitting that evidence for impeachment alone infringed a weighty interest of the accused. We provide takeaways on the current trustworthiness standard, the line between judicial gatekeeping and panel credibility determinations, and the appellate risk of excluding exculpatory evidence. Learn more about The Quill & Sword series of podcasts by visiting our podcast page at https://tjaglcs.army.mil/thequillandsword. The Quill & Sword show includes featured episodes from across the JAGC, plus all episodes from our four separate shows: “Criminal Law Department Presents” (Criminal Law Department), “NSL Unscripted” (National Security Law Department), “The FAR and Beyond” (Contract & Fiscal Law Department) and “Hold My Reg” (Administrative & Civil Law Department). Connect with The Judge Advocate General’s Legal Center and School by visiting our website at https://tjaglcs.army.mil/.
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    15 mins
  • Criminal Law Department Presents – CAAF Chats Ep 80: United States v. Ruiz & United States v. Brown (C.A.A.F. 2026)

    Criminal Law Department Presents – CAAF Chats Ep 80: United States v. Ruiz & United States v. Brown (C.A.A.F. 2026)
    Sep 9 2026
    In this episode, we review the hearsay exception for prior consistent statements under M.R.E. 801(d)(1)(B) and the Frost and Finch factors that govern each subsection. We examine whether a victim's statements to law enforcement were admissible to rehabilitate credibility attacked on the “other ground” of faulty memory in Ruiz, and of inconsistency in Brown, along with CAAF's clarification of Ayala on when both subsections may apply. We provide takeaways on anticipating impeachment, making strategic decisions about highlighting inconsistencies, and using bench briefs to frame the issue for the military judge. Learn more about The Quill & Sword series of podcasts by visiting our podcast page at https://tjaglcs.army.mil/thequillandsword. The Quill & Sword show includes featured episodes from across the JAGC, plus all episodes from our four separate shows: “Criminal Law Department Presents” (Criminal Law Department), “NSL Unscripted” (National Security Law Department), “The FAR and Beyond” (Contract & Fiscal Law Department) and “Hold My Reg” (Administrative & Civil Law Department). Connect with The Judge Advocate General’s Legal Center and School by visiting our website at https://tjaglcs.army.mil/.
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    26 mins
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