Judicial Privilege: Does It Have a Role in Military Courts-Martial
JUDGE ADVOCATE GENERAL'S SCHOOL CHARLOTTESVILE VA
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Both Article I and Article III judges are increasingly willing to invoke judicial privilege to prevent the disclosure of confidential information, yet few judges and practitioners understand the scope or bases of this testimonial and evidentiary privilege. Within military courts-martial, a claim of judicial privilege can, presently, effectively limit or preclude a full and fair voir dire of the military judge, thereby infringing upon both a partys ability to establish a basis for a challenge for cause and a partys constitutional right to a fair and impartial trial. To resolve the conflict between the interests protected by judicial privilege and the interests of the parties to a court-martial, the author proposes that the military services adopt a bright-line rule. The proposed rule would cover any claim of judicial privilege arising during voir dire of or challenges for cause against the military judge.
- Sociology and Law
- Military Forces and Organizations