For almost 15 years, beginning in 1970, the Army’s appellate defense folks produced an engaging, useful publication called THE ADVOCATE. It was an extremely aggressive and defense-intense magazine dealing with all aspects of military Justice in the courtroom. Nothing was beyond THE ADVOCATE’s efforts to make better defense counsel — military/civilian defense counsel relationships; blood tests; interview strategy; polygraphs — the list goes on and on.
Some of this fine material may be overtaken by events. However, these magazines – likely gathering dust on a bottom shelf someplace in the legal office — can be hugely valuable to the practitioner. Wise litigators would do well to review these volumes.
Among other things, THE ADVOCATE printed “quotable quotes” from actual records of trial. Some vintage samples:
MJ: Captain X, you look like you had a question.
DC: I’m sorry Your Honor, I do not mean to look that way. That is my normal state of expression.
(counsel is prepared to make an offer proof).
DC: Your Honor, we object to all of that.
MJ: On what basis?
DC: Its’ detrimental to our case.
[Question to military policeman who testified he caught the accused committing an offense:]
TC: Did the accused stop after you shot your pistol in the air?.
WIT: No — he ran even faster.
(Cross-examination of defense witness in extenuation and mitigation).
TC: What kind of things does your platoon do?
WIT: Not much except when we go into the field.
TC: And when you’re not doing anything, is he an especially good worker?
WIT: Yes, sir.
DC: Objection, that is a compound question.
MJ” Overruled. Overruled.