When military trial judges and appellate courts rule on whether a potential court-martial member is challengeable for implied bias, the test “is objective, ‘viewed through the eyes of the public, focusing on the appearance of fairness.'” United States v. Bagstad,
68 M.J. 460, 462 (C.A.A.F. 2010) (quoting United States v. Clay, 64 M.J. 274, 276 (C.A.A.F. 2007)). “The hypothetical ‘public’ is assumed to be familiar with the military justice system.” Id
. Good cause exists to question whether the actual
public is familiar with the military justice system.
Here’s a 31(b)log post by the Army JAG School’s Jim Clark destroying a law journal note on the military’s restricted vs. unrestricted sexual assault reporting system as uninformed.
He also posted this comment discrediting the statistic for civilian sexual assault prosecution rates in this Christian Science Monitor article called, “Why Pentagon’s progress against sexual assault is so slow.”