TITLE

CLEARING THE HIGH HURDLE OF JUDICIAL RECUSAL: REFORMING RCM 902(a)

AUTHOR(S)
BERLIN, STEVE D.
PUB. DATE
June 2010
SOURCE
Military Law Review;Summer2010, Vol. 204, p223
SOURCE TYPE
Academic Journal
DOC. TYPE
Article
ABSTRACT
The article examines a military judge's sua sponte duty of recusal for implied bias in the case United States v. Greatting and United States v. McIlwain. The Court of Appeals for the Armed Forces (CAAF) addressed the companion cases in May 2008, in which military judges made statements that would cause someone to question their impartiality. The Uniform Code of Military Justice (UCMJ) is a progressive criminal justice statute that protects service members in the U.S. An examination of the interplay between mandatory disqualification and cases in which a judge's impartiality might be questioned was made by Professor Leslie Abramson.
ACCESSION #
54587490

 

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