Just the Facts Ma’am": How Military Appellate Courts Rely on Factual Sufficiency Review to Overturn Sexual Assault Cases When Victims are "Incapacitated"

Authors

Lisa M. Schenck, George Washington University Law SchoolFollow

Document Type

Article

Publication Date

2016

Status

Accepted

Abstract

This article contends that since sufficient protections are now in place in the military justice system, the military courts of criminal appeals no longer require factual sufficiency review authority to protect an accused tried by courts-martial, and furthermore, military criminal courts of appeals should have the same standard of review as other federal criminal courts, that is, a conviction should be tested for legal sufficiency.

GW Paper Series

GWU Law School Public Law Research Paper No. 2016-29; GWU Legal Studies Research Paper No. 2016-29

SSRN Link

http://ssrn.com/abstract=2819051

Recommended Citation

Schenck, Lisa M., Just the Facts Ma’Am": How Military Appellate Courts Rely on Factual Sufficiency Review to Overturn Sexual Assault Cases When Victims are "Incapacitated" (August 5, 2016). Lisa M. Schenck, "Just the Facts Ma’am": How Military Appellate Courts Rely on Factual Sufficiency Review to Overturn Sexual Assault Cases When Victims Are "Incapacitated," 45 Southwestern Law Review 522 (2016) ; GWU Law School Public Law Research Paper No. 2016-29; GWU Legal Studies Research Paper No. 2016-29. Available at SSRN: http://ssrn.com/abstract=2819051