Review Your Case

    1. militarydefenselawyers142Analyze the Law: Open DA Pamphlet 27-9, the Military Judge’s Benchbook, and review the instructions for each charged offenses, any lesser-included offenses, any anticipated defenses, and any predictable secondary instructions (e.g. circumstantial evidence). Hahn, supra , at 4.

Analyze the Facts:

    1. Analyze the Facts:
      1. Conduct a Proof Analysis: Make a detailed and objective checklist detailing the facts that support or test each element of the offense, any defenses, lesser included offenses, etc. Id.
      2. Consider theRealIssues of the Case: Why is this case at trial?Is the real issue the failure of one element of the offense or is it an affirmative defense? Or, does the case have a theme that does not amount to a legal defense, but presents extenuating and mitigating factors so that jury nullification or light punishment is reasonably expected? Id.

Outline Closings: Using your analysis of the facts and law:

  1. Outline Closings: Using your analysis of the facts and law:
    1. Frame your argument, use the military judge’s instructions verbatim for the law, and marshal the facts in a persuasive way to prove the point. Id . at 5.
    2. Prepare the opposite side’s closing (or rebuttal) argument using the same method.
    3. After these two exercises, sit back and consider possible ways in which you could effectively bolster your case.