Military jury
Encyclopedia
A United States military jury (or "Members", in military parlance) serves a function similar to an American civilian jury
, but with several notable differences. Unlike civilian courts, "Members" of the panel are literally "judge-and-jury" in a Military tribunal
, due to the role that they play in a General Court-Martial
(which is akin to criminal felony
trials for civilians) or Special Court-Martial
(which is similar to criminal misdemeanor
trials for civilians). The panel — in addition to arriving at a verdict — also has the responsibility of sentencing the accused (military parlance for "the defendant"), should the accused be found guilty of the charges which have been brought forward by the trial counsel (or prosecuting attorney), a Judge Advocate General
.
Nowadays, a "jury of one's peers" are commonplace for civilian criminal trials to proceed. However, Court-martial
Members are typically commissioned officers, unless the accused elects that the member pool include enlisted personnel.
In addition to swiftly arriving at verdicts, military trials never produce a hung jury
.
Jury
A jury is a sworn body of people convened to render an impartial verdict officially submitted to them by a court, or to set a penalty or judgment. Modern juries tend to be found in courts to ascertain the guilt, or lack thereof, in a crime. In Anglophone jurisdictions, the verdict may be guilty,...
, but with several notable differences. Unlike civilian courts, "Members" of the panel are literally "judge-and-jury" in a Military tribunal
Military tribunal
A military tribunal is a kind of military court designed to try members of enemy forces during wartime, operating outside the scope of conventional criminal and civil proceedings. The judges are military officers and fulfill the role of jurors...
, due to the role that they play in a General Court-Martial
Courts-martial in the United States
Courts-martial in the United States are criminal trials conducted by the U.S. military. Most commonly, courts-martial are convened to try members of the U.S. military for violations of the Uniform Code of Military Justice , which is the U.S. military's criminal code...
(which is akin to criminal felony
Felony
A felony is a serious crime in the common law countries. The term originates from English common law where felonies were originally crimes which involved the confiscation of a convicted person's land and goods; other crimes were called misdemeanors...
trials for civilians) or Special Court-Martial
Courts-martial in the United States
Courts-martial in the United States are criminal trials conducted by the U.S. military. Most commonly, courts-martial are convened to try members of the U.S. military for violations of the Uniform Code of Military Justice , which is the U.S. military's criminal code...
(which is similar to criminal misdemeanor
Misdemeanor
A misdemeanor is a "lesser" criminal act in many common law legal systems. Misdemeanors are generally punished much less severely than felonies, but theoretically more so than administrative infractions and regulatory offences...
trials for civilians). The panel — in addition to arriving at a verdict — also has the responsibility of sentencing the accused (military parlance for "the defendant"), should the accused be found guilty of the charges which have been brought forward by the trial counsel (or prosecuting attorney), a Judge Advocate General
Judge Advocate General's Corps
Judge Advocate General's Corps, also known as JAG or JAG Corps, refers to the legal branch or specialty of the U.S. Air Force, Army, Coast Guard, and Navy. Officers serving in the JAG Corps are typically called Judge Advocates. The Marine Corps and Coast Guard do not maintain separate JAG Corps...
.
Jury composition
A trio of members may suffice for a Special Court-Martial proceeding, even though greater numbers are allowed. Unlike civilian juries, the Military jury may consist of more than a dozen members. For a General Court-Martial to proceed, there must be at least five members present.Nowadays, a "jury of one's peers" are commonplace for civilian criminal trials to proceed. However, Court-martial
Court-martial
A court-martial is a military court. A court-martial is empowered to determine the guilt of members of the armed forces subject to military law, and, if the defendant is found guilty, to decide upon punishment.Most militaries maintain a court-martial system to try cases in which a breach of...
Members are typically commissioned officers, unless the accused elects that the member pool include enlisted personnel.
Verdicts
Members are allowed a single vote toward a verdict, via a secret ballot. While a civilian court requires a unanimous vote among the jury to convict the defendant, a guilty verdict may be arrived at if two-thirds of the members vote the accused guilty of any charges.In addition to swiftly arriving at verdicts, military trials never produce a hung jury
Hung jury
A hung jury or deadlocked jury is a jury that cannot, by the required voting threshold, agree upon a verdict after an extended period of deliberation and is unable to change its votes due to severe differences of opinion.- England and Wales :...
.