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

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

39 Pages Posted: 6 Aug 2016  

Lisa M. Schenck

George Washington University - Law School

Date Written: August 5, 2016

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.

Keywords: military sexual assault, military sexual trauma, military justice

Suggested 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: https://ssrn.com/abstract=2819051 or http://dx.doi.org/10.2139/ssrn.2819051

Lisa M. Schenck (Contact Author)

George Washington University - Law School ( email )

2000 H Street, N.W.
Washington, DC 20052
United States

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