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Encyclopedia > Members

A Military jury (or "Members", in military parlance) serves a function similar to a 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), which will happen to be a JAG. To meet Wikipedias quality standards and make it easier to understand, this article or section may require cleanup. ... A military tribunal is a kind of military court designed to try enemy forces members during war time, it operates outside the scope of conventional criminal and civil matters; the judges are military officers; and the judges fulfill the role of jurors. ... Courts-martial in the United States are adversarial proceedings, as in all United States criminal courts. ... Courts-martial in the United States are adversarial proceedings, as in all United States criminal courts. ... Judge Advocate Generals Corps, also known as JAG, is the judicial arm of the United States armed forces, consisting of autonomous departments in the Air Force, Army and Navy. ...

Contents


Mechanics

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 Members are typically commissioned officers, unless the accused elects that the member pool include enlisted personnel. A court-martial (plural courts-martial) is a military court that determines punishments for members of the military subject to military law. ...


Verdicts

Members are allowed a single vote toward a verdict, via a secret ballot. While a civilian court requires an unanimious 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". A hung jury is a jury whose required majority cannot reach or agree upon a unanimous verdict after an extended period of deliberation and is deadlocked with irreconcilable differences of opinion. ...


See also

The Uniform Code of Military Justice (UCMJ), the foundation of military law in the United States, consists of Title 10, Chapter 47 of the United States Code. ... US General Douglas MacArthur (left), military ruler of Japan 1945-1952, next to Japans defeated Emperor, Hirohito Military rule may mean: Militarism as an ideology of government Military occupation (or Belligerent occupation), when a country or area is conquered after invasion List of military occupations Martial law, where military...

External links

  • The Seven Basic Myths About Military Justice
  • U.S. Army Judge Advocate General's Corps

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