Enlisted Members In a Military Court Martial Jury

Overview of enlisted members in a military court martial jury:

Enlisted Members in a military court martial jury

Enlisted Members in a military court martial jury

1. militarydefenselawyers205Request. Articles 16 and 25, UCMJ,UCMJ (2015) permit requests for enlisted court members to be oral on the record or in writing. See discussion of doctrine of substantial compliance, supra.

2. Rejecting request for enlisted members. United States v. Summerset, 37 M.J. 695 (A.C.M.R. 1993). Military judge abused his discretion when he denied as untimely accused’s request for enlisted members made four days prior to trial. He made no findings of fact regarding unnecessary expense, unacceptable delay, or significant
inconvenience. See RCM 903(a)(1) and (e).

3. Same unit. Article 25(c)(1), UCMJ. Enlisted members should not be from the same company-sized “unit” as the accused. United States v. Milam, 33 M.J. 1020 (A.C.M.R. 1991) (error where two enlisted members of the panel were assigned to the same company-sized unit as accused); United States v. Wilson, 21 M.J. 193 (C.M.A. 1986) (“same unit” is not a jurisdictional defect; failure to object waives the issue); United States v. Zengel, 32 M.J. 642 (C.G.C.M.R. 1991), review denied, 33 M.J. 185 (C.M.A. 1991).

4. Jurisdictional error. Failure to assemble court of at least one-third enlisted members is jurisdictional error necessitating setting aside panel-adjudged sentence. United States v. Craven, 2004 CCA LEXIS 19 (A.F. Ct. Crim. App. Jan 21, 2004) (unpub.) (following challenges for cause and peremptory strikes, enlisted members constituted only 28.6 percent (five officer and two enlisted) of membership of court).