What happens if unlawful command influence is present in a trial?

The presence of unlawful command influence in a trial is a significant concern as it can severely compromise the integrity of the judicial process. This influence refers to any improper pressure or undue influence exercised by a commanding officer on the legal proceedings or the decision-making of those involved in a case.

When unlawful command influence is present, it can affect the fairness of the proceedings in various ways. For instance, it may lead to biased judgments, unfair treatment of the accused, and a general environment in which the accused cannot trust that their case will be handled justly. The impartiality of the judge and panel members may be compromised, thus undermining the fundamental principle of justice that trials should be conducted fairly and without prejudice.

These effects can erode the confidence of service members and the public in the military justice system and ultimately impact the reputation of the entire institution. Therefore, addressing and being vigilant against unlawful command influence is essential to maintaining the integrity of military trials and protecting the rights of the accused.