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This position was established by Reorganization Plan No. 6 of 1953 and by Defense Directive 5145.1, signed 24 August 1953. The position derived its responsibilities from one of the original three Special Assistants to the Secretary (established in 1947) and the Assistant Secretary of Defense (Legal and Legislative Affairs) (established in 1949 ...
Unlike most civilian criminal jurisdictions in the United States, the military does not require that a defendant prove an inability to pay in order to receive defense counsel at government expense. [10] Counsel appearing before the court must be admitted to the Bar of the Court or obtain permission of the court to appear in a specific case.
The Supreme Court ruled 8–1 that effective legal counsel is a right but in order to prove the counsel is ineffective, the defendant needs to prove (1) their lawyer's performance was below a certain standard and (2) there is a chance that if it was not for the ineffectiveness, a different result could have occurred. [18]
In criminal cases where the defendant faces at least one year of imprisonment, the defendant has the right to legal counsel. [13] Although there is a right to legal defense, there is no organized public defender system. Instead, any lawyer can be appointed to provide counsel to a specific defendant, and the defendant can select a specific lawyer.
The Air Force Legal Operations Agency (AFLOA) includes all senior defense counsel, senior trial counsel, and appellate defense and government counsel in the Air Force, as well as all Air Force civil litigators defending the Air Force against civil law suits claiming damages and seeking other remedies in contracts, environmental, labor, and tort litigation.
Responsibilities for the secretary of defense are laid out in Title 10 of the U.S. Code. He is “the principal assistant to the President in all matters relating to the Department of Defense ...
The Department of Justice was established in 1870 to support the attorneys general in the discharge of their responsibilities. The secretary of state , the secretary of the treasury , the secretary of defense , and the attorney general are regarded as the four most important Cabinet officials in the United States because of the size and ...
Criminal defendants sometimes employ an “advice of counsel” defense to try to demonstrate that they had not intended to break the law. Fact check: Trump’s misleading claim about the judge ...