Friday, February 14, 2020

Factual sufficiency

Should the power of the service Courts of Criminal Appeals to review courts-martial for factual sufficiency be dialed back or repealed? Judging by this Stars and Stripes article by Matthew M. Burke, that change may be in our future. If the thought is that the CCAs' power should replicate the power of the U.S. Courts of Appeals to review criminal convictions adjudged in the federal district courts, wouldn't Congress need to take commanders out of the member-selection process so the analogy to civilian federal practice was at least plausible?

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