The canons, the code and counsel: the ethics of advocates before courts-martial
Abstract
The tempo of our times proclaims that the end justifies the means. Fortunately, however, the Military Officer Lawyer marches to the sound of a different drum. The American Bar Association Canons of Ethics and the American College of Trial Lawyer's Code of Trial Conduct, as ordered by the services and the Court of Military Appeals serves as guideposts to ethical conduct. The present expansion of the United States Marine Corps and the other branches of the Armed Forces has brought many dedicated, highly motivated younger attorneys to practice as counsel before courts-martial. Despite the many fine articles that have treated with individual facts of the ethics of advocates before courts-martial, there is not new available for the consideration of present and incoming military attorneys, an overall discussion of the several, seemingly conflicting, responsibilities claiming their loyalty. It is then the purpose of this thesis to consider the application of the Canons of Ethics and the Code of Trial Conduct to the military and to analyze and compare their provisions with those of the Manual for Courts-Martial. It is also the intent of this paper to provide a reference guide to the established precedents in the area including a treatment of disciplinary sanctions and to consider the reconciliation of the varied responsibilities claiming the military attorney's loyalty.
Description
This thesis document was issued under the authority of another institution, not NPS. At the time it was written, a copy was added to the NPS Library collection for reasons not now known. It has been included in the digital archive for its historical value to NPS. Not believed to be a CIVINS (Civilian Institutions) title.
Collections
Related items
Showing items related by title, author, creator and subject.
-
ANALYZING OUTCOMES AND PUNISHMENTS AWARDED AT COURTS MARTIAL IN THE USMC FOR SYSTEMIC DIFFERENCES
Otis, Stephen E. (Monterey, CA; Naval Postgraduate School, 2021-03);Results of all special and general courts-martial in the Marine Corps from January 2017 to August 2020 were analyzed for systemic differences in terms of trial outcomes and punishments. Trial outcomes were obtained from ... -
An analysis of ethics laws, compliance with ethical standards, and ethical core competency within the Department of the Army
Lyons, Nancy; Wienhoff, Nathan (Monterey, California: Naval Postgraduate School, 2016-06);This project examines the Department of the Army (DA) ethics laws, compliance with ethical standards, and ethics training core competency requirement to address Acquisition Research Program Topic #T15-013: Ethics--Can it ... -
An evolving asymmetric game for modeling interdictor-smuggler problems
Allain, Richard J. (Monterey, California: Naval Postgraduate School, 2016-06);We propose a novel network interdiction model that reconciles many operational realities identified by military literature. Specifically, we conduct network interdiction within a dynamic network under partial information, ...