Jury Selection in the Military DEFENDING MILITARY MEMBERS WORLDWIDE Contact Us!

JURY SELECTION IN THE MILITARY

There are major changes coming to jury selection in 2019. Below, we've kept information on the old system. But here is a quick guide to the 2019 changes.

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.

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    For the better part of the last decade, Mr. Conway has become a nationally recognized resource on military justice. Daniel Conway is a former Marine staff sergeant and captain. He is a proud graduate of the University of Texas at San Antonio and University of New Hampshire School of Law. Mr. Conway is recently a former President of the New Hampshire Bar Association Military Law Section and a current member of the DC Bar. Mr. Conway has also written a book on Military Crimes and Defenses that is near publication with a major ...

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