Chapter IX · Trial Procedures Through Findings
R.C.M. 923. Impeachment of findings
2024 Manual for Courts-Martial, United States
Recent revisions Summary of changes Cited by (1)Findings that are proper on their face may be impeached only when extraneous prejudicial information was improperly brought to the attention of a member, outside influence was improperly brought to bear upon any member, or unlawful command influence was brought to bear upon any member.
Discussion
Deliberations of the members ordinarily are not subject to disclosure. See Mil. R. Evid. 606. Unsound reasoning by a member, misconception of the evidence, or misapplication of the law is not a proper basis for challenging the findings. However, when a showing of a ground for impeaching the verdict has been made, members may be questioned about such a ground. The military judge determines, as an interlocutory matter, whether such an inquiry will be conducted and whether a finding has been impeached.
Cross-referencesCited by 1Cites 1
Cited by
Provisions elsewhere in the Manual whose text cites R.C.M. 923. Each link opens the citing provision.
Rules for Courts-Martial
Discussion under R.C.M. 1008 — Impeachment of sentence
See R.C.M. 923 Discussion concerning impeachment of findings.
R.C.M. 923 cites
Provisions named in the text of R.C.M. 923. Where the cited provision is on this site, the link opens it.