CAAFlog
  • Home
  • About
    • CAAFlog 2.0
  • Masthead
  • Contact / Submit Guest Post
  • NIMJ.org

CAAFlog

Symposium: Legal Ethics & Modern Military Justice -- Now Live!

2/15/2021

1 Comment

 
VOLUME 49 | ISSUE 1 | FALL 2020
TABLE OF CONTENTS
Table of Contents for Notes

Symposia
Legal Ethics and Modern Military Justice


ARTICLES

Symposium Introduction
Is Demilitarizing Military Justice an Ethical Imperative for Congress, the Courts, and the Commander-in-Chief
By Dan Maurer

Fears of Tyranny: The Fine Line Between Presidential Authority over Military Discipline and Unlawful Command Influence Through the Lens of Military Legal History in the Era of Bergdahl
By Joshua Kastenberg

Court-Martial Sentences: Time for More Transparency
By Christopher E. Martin and Timothy P. Hayes, Jr.

A House Divided: The Unique Ethical Dynamic of Civil and Military Co-Counsel Relations in Court-Martial Defense
By Robert E. Murdough

Judicial Disclosure and the Judicial Mystique
By Michel Paradis

At the Elbow and Under Pressure: Legal, Military, and Intelligence Professionals
By Dakota S. Rudesill

Probable Cause and the Provable Cause: Bridging the Ethical Gap that Exists in the Military Justice System
By Mitchell M. Sullivan
​
Ordering Injustice: Congress, Command Corruption of Courts-Martial, and the Constitution
By Rachel E. VanLandingham
1 Comment
Read for Content
2/19/2021 12:17:57 pm

Major Murdough's article may describe a house divided. But it certainly does achieve an attention divided. The "he" in the hypothetical becoming a "her" in the examination does nothing for the message.

TDS has its SOP; whatever that is. I've seen dud DC's try to plug guesswork into the checklist and requested detailed counsel denied. Nor is it hypothetical that a CDC fudges the attention necessary to a cohesive defense. It's a freakin horror story to an accused when SDC and a junior DC make so much static covering their hides the client can't wake up the CDC.

This article does nothing to quite that noise. An ethical TC would see an ineffective defense and call the court on it. Instead the client gets the affirmation trail for the attorneys. ACCA reviewed three cases suggesting IEC on a single TDS DC occurring between 2009-10. Each one was resolved by the MJ’s dialogue with the Accused. My guess is the MJ knew what a dipstick the guy was. He certainly had no love for TDS and wasn’t going to suffer for them.

So a poor defense is the fault of exactly who it seems to be, the poor defense. TDS getting its cover may produce a house. It’s one that doesn’t deserve to stand.

Reply

Your comment will be posted after it is approved.


Leave a Reply.

    RSS Feed

    Subscribe
    Picture
    Home
    About
    Masthead
    Contact/Submit Post
    CAAFlog 1.0 Archive 


    ​Links

    CAAF
    -Daily Journal
    -Current Term Opinions
    ACCA
    AFCCA
    CGCCA
    NMCCA
    Joint R. App. Pro.
    Global MJ Reform
    LOC Mil. Law Resources

    Archives

    March 2021
    February 2021
    January 2021
    December 2020
    November 2020
    October 2020
    September 2020
    August 2020
    July 2020
    June 2020

The views expressed on this website are expressed in the authors' personal capacities.
Proudly powered by Weebly
  • Home
  • About
    • CAAFlog 2.0
  • Masthead
  • Contact / Submit Guest Post
  • NIMJ.org