NEW 2019 MANUAL FOR COURTS-MARTIAL PDF
Changes to Jury Selection in 2019
Here are the major changes to military practice for 2019. This is a very
simplified guide to give potential accused members a general idea of the
changes coming for 2019.
Court-Martial Composition
In 2019, court-martials will have a fixed composition. A General Court-Martial
will have 8 members. It could be reduced to 6 or 7 after challenges or
excusals. In capital cases, the jury will have 12 members.
In a Special Court-Martial, the jury will consist of 4 members. There
is a new type of Special Court-Martial that is military judge alone.
How Does Voting Work
Under the new system, a conviction will require a 3/4thvote (75%). A General
Court-Martial with 8 members will require 6 votes to convict – 3
votes to acquit. A Special Court-Martial with members will require 3 votes
to convict – 2 votes to acquit.
How Will Military Judge Alone Special Court-Martials Work
Under the new system, a military judge alone special court-martial will
have certain sentence limitations. The judge will not be able to impose
a punitive discharge, confinement for more than 6 months, or forfeitures
of pay for more than 6 months.
Enlisted Members from the Same Unit as the Accused
Article 25, UCMJ was updated. Previously, enlisted members from the same
unit as the accused were prohibited from serving on a jury. Now, any enlisted
member is eligible to serve – including from the same unit.
Alternate Members
The new Rule for Courts-Martial 502 (a)(2)(B) and 912 allows the Convening
Authority to detail alternate members to a court-martial. They are present
and hear evidence, but do not participate in deliberations.
Are there new Sentencing Rules
Under the new system, a military judge will conduct all sentencing. In
a members case, the accused can elect sentencing by members.
With members sentencing, the jury will adjudge a single sentence for all
offenses. With military judge sentencing, the judge will determine appropriate
terms of confinement and/or fines for each specification. The judge then
determines whether the sentences are concurrent or consecutive. Terms
of confinement for two or more specifications will run concurrently when
they involve the same victim.