Document Type
Book
Publication Date
2025
Abstract
This chapter explores character evidence in the U.S. military’s court-martial system. Courts-martial, unlike civilian criminal trials, permit defendants to present evidence of their own good character even when the character trait is not pertinent to the charged offenses. This derogation has been cheered by some as giving military defendants an extra tool to fight back in a system that may be stacked against them. But concerns about expansive use of character evidence soon became apparent: it tends to distort and confuse the issues in trial, and disproportionately benefits only high-status defendants. For all its good intentions, liberalized military character evidence became a tool of impunity for the powerful and a contributing factor to a sexual assault epidemic in the ranks.
Recommended Citation
Rosenblatt, Frank, "DIFFERENT SPANKS FOR DIFFERENT RANKS: A CRITICAL APPRAISAL OF CHARACTER EVIDENCE IN COURTS-MARTIAL" (2025). Journal Articles. 182.
https://dc.law.mc.edu/faculty-journals/182
Comments
Forthcoming chapter in Bennett Capers, Jasmine Harris, Julia Simon-Kerr (eds.), CRITICAL EVIDENCE (2025)