Home     Law Advice     Insurance Advice     Community    
        View All Law Topics        Free Case Review        Legal Resource Directory        FreeAdvice Answers       
Home > Law Advice > Military Law > Military Justice System
Military Law
  All States      
I went to my daughter missy's general court-martial. There were only five people on the jury and they were all older than i. Two of the jurors were enlisted like missy, but the others were all officers. I understood they were not even unanimous in their decision to convict missy. Is there something wrong with this picture? Who picks the jury?

In the military justice system the major player is called the convening authority. The convening authority is a unit or organization commander who decides whether to refer a case to a court-martial, what type of court-martial, and then appoints the members of the court (i.e., the jury).

The convening authority is rarely a lawyer, although they are required to obtain the advice of a lawyer (the staff judge advocate) in certain cases, such as whether to convene a general court-martial. UCMJ Art. 34, 10 U.S.C. 834.

The convening authority has many of the powers conferred upon a district attorney in the civilian world. The convening authority has some powers that a district attorney does not have - such as picking the jury. A convening authority will normally pick mature and responsible officers for a court-martial, which usually means officers with long service and command experience.

All courts-martial start out with officer members, and ordinarily all members will be senior to the accused. An enlisted person such as Missy has the right to request enlisted members, in which case the panel must have be at least 1/3 enlisted. UCMJ Art. 25(c), 10 U.S.C. 825(c). Missy appears to have so requested, and the convening authority appointed two enlisted members to serve. As with the officer members, the convening authority will usually pick enlisted members with long service and leadership experience. It is not unusual to have the court composed of senior officers and senior enlisted personnel.

Your daughter had the opportunity to examine (voir dire) the members to see if they had any prejudices, knowledge of the case, etc. She could challenge the members for cause, and had one preemptory challenge she could use to exclude a member for any reason. A general court-martial must have a least 5 members, and if the number was reduced to below 5 due to challenges, the convening authority would appoint replacement members.

The convening authority probably started with 5 officer members. When your daughter requested enlisted members the convening authority probably dismissed one officer member and appointed 2 enlisted members. One of the officer members was challenged off the panel leaving her with 3 officers and 2 enlisted members.

A military verdict usually requires a 2/3 majority. In Missy's case that means 4 members had to agree to convict and so at least one enlisted member voted to convict her. Both the number of enlisted members and the number of votes required to convict are rounded up to whole persons: 1/3 of 5 equals 2; and 2/3 of 5 equals 4. (Note: A unanimous verdict is required in death penalty cases, and a majority vote for life imprisonment or confinement for more than 10 years. UCMJ Art. 52, 10 U.S.C. 852.)

[Authorship -- SEE ATTORNEYPAGES' HAWAII LISTINGS UNDER MILITARY LAW]
Free Case Evaluation From An Experienced Criminal Attorney.



Related Information
» General Military Law Questions
» Constitutional protections
» Court martial
» Draft
» Drug testing
» Late to work
» Military Law Terminology
» Off-base activity
» Questioning

Topics Related To Military Law
» Government Law
» Civil Rights Law ADA
» Education Law
» Environmental
» Military Law
» Public Contracts
» Social Security Law
Get A Free Case Evaluation
From An Experienced Criminal Attorney.
It’s Fast and Free!



» Ask a question in our legal forum

» Search our legal resource directory

» Find an attorney in your area

» Let us find a lawyer for you




HACKER SAFE certified sites prevent over 99.9% of hacker crime. State Law Center  |  Legal Resource Directory  |  Legal Articles  |  Insurance Advice and Quotes  |  FreeAdvice Answers  |  Community Forums
Media  |  Privacy Policy  |  About Us  |  Contact Us

FreeAdvice® has been providing millions of consumers with outstanding legal and insurance information and general advice, free, since 1995. While not a substitute for personal advice from a licensed professional, FreeAdvice is available AS IS, subject to our disclaimer and conditions of use.
FreeAdvice®, AttorneyPages®, ExpertPages® are registered trademarks and units of Advice Company.
All Rights Reserved © 1995-2009