Rep: Gohmert introduces bill providing SCOTUS access for all CAAF cases

8/1/2021

Who could argue with that?

(Ed. note: H.R. 4790)

gohmer_029_xml.pdf
File Size:	39 kb
File Type:	pdf

Download File

(Ed. note. See Murl A. Larkin, Should the Military Less-than-Unanimous Verdict of Guilt be Retained? 22 Hastings L.J. 237 (1971).

Isaac Kennen

8/3/2021 09:21:51 am

The editor’s comment contains an outstanding 1971 law review article regarding the lack of a unanimity requirement in the military. That discussion is all the more pertinent now that nonunanimous verdicts are constitutionally prohibited in the civilian jurisdiction.

Of particular interest from the article, is quote provided from 6th Circuit’s decision in Hibdon v. United States, exploring the linkage between the requirement of proof beyond a resonance doubt and the unanimity requirement:

“To sustain the validity of a verdict by less than all of the jurors is to destroy this test of proof for there cannot be a verdict supported by proof beyond a reasonable doubt if one or more jurorsremain reasonably in doubt as to guilt. It would be a contra- diction in terms. We are of the view that the right to unanimous verdict cannot under any circumstances be waived, that it is of the very essence of our traditional concept of due process in criminal cases, and that the verdict in this case is a nullity because it is not the unanimous verdict of the jury as to guilt.“

Hibdon v US, 204 F.2d at 838.

Donald G Rehkopf, Jr.

8/3/2021 09:57:30 am

And of note, the author was a retired Navy 0-6 JAG and law professor. Highly worth the read.

Comments are closed.

CAAFlog

Rep: Gohmert introduces bill providing SCOTUS access for all CAAF cases

Categories

Archives