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1980 Army Law. 1 (1980)

handle is hein.journals/armylaw1980 and id is 1 raw text is: the army


Department of the Army Pamphlet
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
A Matter of Record
Judiciary Notes
Legal Assistance Items
Reserve Affairs Items
JAGC Personnel Section
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
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.
to   However, this does not appear to be the case.
16     The choice of forum should be made very
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

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