Rule 509. Deliberations of Courts and Juries
- Rule 509 preserves the sanctity of the factfinder’s deliberative process. See Schlueter, Salztburg, Schinasi, and Imwinkelried, Military Evidentiary Foundations.
- Rule 606(b) provides an exception and permits intrusion into the factfinder’s deliberative process when there are questions concerning:
- Whether extraneous prejudicial information was brought to bear upon any member;
- Whether any outside influence was improperly brought to the member’s attention; or
- Whether there was unlawful command influence.
See also Schleuter, Salztburg, Schinasi, and Imwinkelried, Military Evidentiary
- Note that the deliberative process of military judges, like that of a panel, is
protected from post-trial inquiry. United States v. Matthews, 68 M.J. 29