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.