A United States military "jury" (or "members", in
military parlance
Military parlance is the vernacular used within the military and embraces all aspects of service life; it can be described as both a "code" and a "classification" of something. Like many close and closed communities, the language used can often be ...
) serves a function similar to an American civilian
jury
A jury is a sworn body of people (jurors) convened to hear evidence, make Question of fact, findings of fact, and render an impartiality, impartial verdict officially submitted to them by a court, or to set a sentence (law), penalty or Judgmen ...
, but with several notable differences. Only a
general court-martial (which may impose any sentences, from
dishonorable discharge
A military discharge is given when a member of the armed forces is released from their obligation to serve. Each country's military has different types of discharge. They are generally based on whether the persons completed their training and the ...
to death) or
special court-martial (which can impose sentences of up to one year of confinement and bad-conduct discharge) includes members. There are no members in a trial by
summary court-martial (which can impose sentences of up to 30 days of confinement). If the defendant at a general or special court-martial chooses to be tried by members rather than by a
military judge alone, the members are responsible for rendering the verdict, while the judge renders the sentence in a non-capital case. In capital cases they also render the sentence or may refer the decision to the judge for a lower sentence. The charges are brought forward by an officer called a "
convening authority", who also selects the members who try the accused. The charges are prosecuted by
judge advocate
Judge-advocates are military lawyers serving in different capacities in the military justice systems of different jurisdictions.
Australia
The Australian Army Legal Corps (AALC) consists of Regular and Reserve commissioned officers that prov ...
s called "trial counsel". Defendants facing general or special courts-martial are represented free of charge from judge advocates acting as defense counsel. Defendants may also be represented at general or special courts-martial by civilian attorneys hired at their own expense. While not required by Congressional law, service policy provides that, at summary courts-martial, many military accused receive representation from a judge advocate defense counsel free of charge.
Mechanics
Jury composition
The Convening Authority must detail at least four members in a special court-martial,
at least eight members in a general court-martial,
and at least twelve members in a general court-martial where the
death penalty
Capital punishment, also known as the death penalty and formerly called judicial homicide, is the state-sanctioned killing of a person as punishment for actual or supposed misconduct. The sentence ordering that an offender be punished in s ...
is possible. The military judge, after challenges, impanels only the minimum number from the remaining members. The convening authority chooses "such members of the armed forces as, in his opinion, are best qualified for the duty by reason of age, education, training, experience, length of service, and judicial temperament."
If the defendant is a
commissioned officer
An officer is a person who holds a position of authority as a member of an armed force or uniformed service.
Broadly speaking, "officer" means a commissioned officer, a non-commissioned officer (NCO), or a warrant officer. However, absent ...
, all of the members must also be commissioned officers.
If the defendant is a
warrant officer
Warrant officer (WO) is a Military rank, rank or category of ranks in the armed forces of many countries. Depending on the country, service, or historical context, warrant officers are sometimes classified as the most junior of the commissioned ...
, the members may be either commissioned officers or warrant officers.
If the defendant is an enlisted member of the armed forces, the members may be commissioned officers, warrant officers, and enlisted members.
An enlisted defendant may request to be tried by a panel entirely made up of officers, or a panel at least one-third of whom are enlisted.
Verdicts
The members vote by secret written ballot on each of the allegations the accused person faces, with each member having one vote on each charge. Unlike most civilian jurisdictions, a unanimous verdict is not required in most cases. Unless the death penalty is possible for the offense in question, the members may convict by a three-fourths majority. If the death penalty is possible if convicted, then the members must be unanimous in their verdict.
As such, military juries are incapable of being a
hung jury
A hung jury, also called a deadlocked jury, is a judicial jury that cannot agree upon a verdict after extended deliberation and is unable to reach the required unanimity or supermajority. A hung jury may result in the case being tried again.
Thi ...
.
See also
*
Uniform Code of Military Justice
The Uniform Code of Military Justice (UCMJ) is the foundation of the system of military justice of the armed forces of the United States. The UCMJ was established by the United States Congress in accordance with their constitutional authority ...
*
Military law
Military justice (or military law) is the body of laws and procedures governing members of the armed forces. Many nation-states have separate and distinct bodies of law that govern the conduct of members of their armed forces. Some states us ...
*
Courts-martial in the United States
Courts-martial of the United States are trials conducted by the U.S. military or by state militaries. Most commonly, courts-martial are convened to try members of the U.S. military for violations of the Uniform Code of Military Justice (UCMJ). T ...
References
External links
U.S. News & World Report: Unequal JusticeDart Center: Injustice & the MilitaryU.S. Army Judge Advocate General's Corps{{jury
United States military law