Clarifying the Implied Bias Doctrine:Bringing Greater Certainty to the Voir Dire Process in the Military Justice System

摘要

Assume the following facts: the accused is charged with one specification of burglary for breaking and entering into a house on-post at night and stealing money and jewelry. The convening authority properly selects a qualified panel, and refers the case to a general court-martial. The panel members fill out standard detailed voir dire questionnaires in response to questions about themselves and their professional background. All of the panel members state in their questionnaires that they had served alongside Soldiers in the past who have been victims of burglary, but the burglaries occurred several years ago. The questionnaires are given to both government and defense counsel well in advance of trial.