Implied Bias: A Suggested Disciplined Methodology

The Army Lawyer | March 1, 2008| | Copyright

Introduction

In recent years, the Court of Appeals for the Armed Forces (CAAF) has addressed the issue of implied bias arising from defense counsel's challenge for cause against a member of the court-martial panel. With a growing sense of frustration, the court has become increasingly critical of military judges who do not specifically address the issue of implied bias on the record and articulate their reasons for denying the challenge in light of the court's liberal grant mandate. The current analysis employed by the appellate courts when reviewing the judge's decision leads to an ad hoc ...

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