The Duties of a Judge Advocate
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Excerpt from The Duties of a Judge Advocate: In a Trial Before a General Court-Martial, Compiled From Various Works on Military Law
It has been found that many of those appointed to fill the very important position of Judge Advocate, however well versed in general knowledge and legal attainments, are, nevertheless, deficient in those points of practice and clerical nicety which are requisite in the proper preparation of the proceedings of a general court-martial. Many excellent works are extant, and from them can be obtained all the information that could be desired, but these works are now difficult to be procured, and an officer in the field, called upon, for the first time, to discharge the responsible and multifarious duties of Judge Advocate, feels at a loss, unaided by them, to know how those duties are to be conducted.
To meet this want, the following treatise has been prepared. The main object in its compilation has been to present a brief, though at the same time comprehensive, direction for the management of a case from its inception to its close, with the proper method of recording the several points likely to arise during the trial. It is presumed that the Judge Advocate is already fully instructed in the rules of evidence, the general principles of law, and the practice of criminal courts, and, therefore, those subjects are scarcely touched upon. For them recourse must be had to other works, whose place this does not pretend to supply.
By means of this treatise access is had to such works as Tytler, McArthur, Simmons, Adye, O'Brien, De Hart, Hough, and others, now beyond the reach of all, and from which copious extracts are taken, to show the several duties which devolve on the Judge Advocate.
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