Sua sponte use by court
- The military judge must make all “essential findings of fact,” even if not requested. See MRE 304(d)(4), MRE 311(d)(4), MRE 321(f).
- Special findings justify themselves not only in averting an unjust act, but also inhighlighting to the public, and the particular accused involved, that no injustice occurred. Schinasi at 80.The existence of a rationale may not make the hurt pleasant, or even just. But the absence, or refusal, of reason is a hallmark of injustice. Schinasi at 80.