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Litigation & Trials

Legal Lore: Tried for Treason: The Amazing Case of Private Dale Maple

On April 24, 1944, at a court-martial convened deep inside the U.S. Disciplinary Barracks at Fort Leavenworth, Kansas, Army Private Dale Maple was found guilty of desertion and aiding the enemy. His sentence: to be hanged by the neck until dead. But Maple did not know that he had been sentenced to death, because the court-martial jury, which had conducted its proceedings in secret, had been ordered by the Army to keep its verdict secret as well—even from the defendant. What follows is the true story of the trial of Dale Maple, the first American-born soldier in the history of the Army ever to be found guilty of a crime that fits the constitutional definition of treason.

Litigation & Trials

Government Investigations: Is There Any Good in a Government Investigation?

Most respondents on the receiving end of a government investigation would rank the experience somewhere between a root canal and a train wreck, depending on the outcome, with the root canal at the preferred end of the range. Generally, the investigation extends for years, takes up a vast amount of time, imposes considerable stress as well as financial cost, and can threaten the professional future of an individual and the corporate existence of an entity, independent of whether the investigation is justified.

Litigation & Trials

Criminal Law: Invoking the Client’s Right to Remain Silent

Consider the following question, which comes up rather frequently. Suppose you represent a client who is scheduled to be questioned—perhaps at police headquarters, or at a hearing, trial, or deposition—and you have advised your client to assert the Fifth Amendment right to refuse to give testimony. Just what words should you advise your client to speak when the moment comes and it is time to invoke that right?