MILITARY JUSTICE PERSONNEL: Court Members: Interrogation by Members

2012 (September Term)

United States v. Clifton, 71 M.J. 489 (Article 46, UCMJ, gives panel members the opportunity to obtain witnesses and other evidence; under RCM 921(b), members may request that the court-martial be reopened and that additional evidence be introduced; the military judge, may, in the exercise of discretion, grant such request; in addition, MRE 614(a) allows members to request to call or recall witnesses to testify at a court-martial).


United States v. Gray, 51 MJ 1 (practice of permitting court-martial members to ask questions of witnesses is of long-standing and recognized, and CAAF was not convinced that this procedure rendered the members partial or biased as a matter of law).  

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