Wednesday, May 27, 2020

Factual sufficiency on the congressional chopping block

Congress is considering getting rid of the longstanding but rarely-exercised power of the service Courts of Criminal Appeals to overturn convictions for factual insufficiency. John M. Donnelly has the story here in Roll Call.

Article 66(d)(1), UCMJ, currently provides:
. . . The Court may affirm only such findings of guilty, and the sentence or such part or amount of the sentence, as the Court finds correct in law and fact and determines, on the basis of the entire record, should be approved. In considering the record, the Court may weigh the evidence, judge the credibility of witnesses, and determine controverted questions of fact, recognizing that the trial court saw and heard the witnesses.

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