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1980 Army Law. 1 (1980)

handle is hein.journals/armylaw1980 and id is 1 raw text is: the army LAWYER HEADQUARTERS, DEPARTMENT OF THE ARMY Department of the Army Pamphlet 27-50-85 January 1980 Table of Contents Some Thoughts on Trying Cases Do Not Pass Go; Do Not Collect $200... Your Suspended Sentence has been Vacated Pursuant to Article 72 UCMJ! City of Philadelphia v. John E. Bullion*- The Federal Enclave is not a Sanctuary Confessions and Corroboration Revisited Professional Responsibility TJAG Item A Matter of Record Judiciary Notes Legal Assistance Items Reserve Affairs Items JAGC Personnel Section CISE News Current Materials of Interest Some Thoughts on Trying Cases LTC Herbert Green Chief, Criminal Law Division, TJAGSA The trial of cases and the defense of clients involve more than the knowledge of substan- tive law, procedure and evidence. They involve more than the knowledge of the facts of the case. They involve tactics and practical con- siderations which extend beyond the classroom teachings of academicians. They involve that knowledge called experience. Offered below are 1 some thoughts for defense counsel. Of all the decisions that defense counsel and 5 their clients must make, none is more important than the choice of forum, i.e., a bench trial or 15 22 trial by members. Observation, as well as sta- 22 tistics, indicate that judges are more likely to 14 confine and more likely to adjudge punitive !4 discharges. Accordingly, it would be logical to !5 expect large numbers of trials with members. !9 to However, this does not appear to be the case. 16 The choice of forum should be made very is 14 carefully. Many factors should be considered in making this choice. The first relates to the sen- tencing pattern established by the servicing military judge. After a judge has been in a jurisdiction for a number of months a certain pattern of sentencing in particular types of cases can usually be discerned. Thus, counsel should be able to accurately predict sentences in most bench trials. Therefore, it should fol- low that in those types of cases which resulted lng- Lls'eo

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