Word: drafting
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Dates: during 1960-1969
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Student Deferment. Detroit's James Lafferty, 31, claims that any good lawyer can block a client's induction for at least two years. His firm of Lafferty, Reosti, Jabara, Papakhian, James & Stickgold has already handled 700 draft cases, although it is less than a year old. Milwaukee Draft Lawyer Harry Peck, 34, says: "A person who follows my advice and works hard on developing his case is probably going to stay out of the Army." Los Angeles Attorney William Smith, 36, who is an ex-Air Force captain, claims that if a boy and his parents can afford...
...they do it? When a youth first comes to them, draft lawyers thoroughly question him to determine whether he has even the remotest right to a deferment. Even college students are sometimes not aware of all the possibilities. Lafferty once interviewed a young man who faced induction after losing his student deferment and wanted to flee to Canada. "We talked for a while," says Lafferty, "then I found out that the kid had a child and a blind wife waiting for him outside the office." The client received an automatic deferment to support his wife. Occupational deferments are available...
...most questionable features of the Selective Service rules is that they do not permit a man to have a lawyer when he comes before either his draft board or an appeals board. As a result, most lawyers advise their clients to bring a witness to take notes on everything that is said (draft boards do not always keep adequate written records of such appearances). Those claiming conscientious-objector status are urged to question board members aggressively, in the hope that they will reveal for the record a lack of understanding of U.S. v. Seeger. In that decision, the U.S. Supreme...
...else fails, most young men threatened with induction have only two ways of bringing their case before the courts. They can go through with induction and then ask a court to order their release on a writ of habeas corpus. They can also refuse induction and be tried for draft evasion -risking a five year sentence. Despite the risk, the number of federal criminal prosecutions brought under the Selective Service law has risen steadily -from a mere 287 in fiscal 1964 to 3,305 last year...
...client's case in court, a lawyer usually has to find a draft-board error either in procedure or in interpretation of the law. In many instances, that search is not difficult. Some men have been drafted at a meeting of only two out of five members of a board; yet the law requires that no fewer than three be present. A San Francisco lawyer, Joel Shawn, 33, recently persuaded a federal judge to rule for his client because a majority of the draft-board members lived outside the district, a violation of the Selective Service rule that...