Military Trial Question (any JAGs onboard?)

[zab1001]

Out of sheer boredom, I was watching "A Few Good Men" for the billionth time. Aside from Kevin bacon's ridiculous haircut (what is that, a whisk broom? terrible), I took notice of the jury members. It APPEARS they're all officers. Is this normal when the defendants are enlisted? Just curious.

BTW, high school kids, wannabees, applicants, unless you have actually been directly involved in a military trial, let someone who HAS respond before turning this into a circus.

 

[Crowbar]

What I remember from all the military justice training was that an enlisted person could request that 50% of the jury be enlisted. So I looked it up in the MCM, which said:

Rule 502. Qualifications and duties of
personnel of courts-martial
(a) Members.
(1) Qualifications. The members detailed to a court-martial shall be those persons who in the opinion of the convening authority are best qualified for
the duty by reason of their age, education, training, experience, length of service, and judicial temperament. Each member shall be on active duty with the armed forces and shall be:
(A) A commissioned officer;
(B) A warrant officer, except when the accused is a commissioned officer; or
(C) An enlisted person if the accused is an enlisted person and has made a timely request under R.C.M. 503(a)(2).

R.C.M. 503(a)(2)

(2) Enlisted members. An enlisted accused may, before assembly, request orally on the record or in writing that enlisted persons serve as members of the general or special court-martial to which that accused’s case has been or will be referred. If such a request is made, an enlisted accused may not be tried by a court-martial the membership of which does not include enlisted members in a number comprising at least one-third of the total number of members unless eligible enlisted members cannot be obtained because of physical conditions or military exigencies. If the appropriate number of enlisted members cannot be obtained, the court-martial may be assembled, and the trial may proceed without them, but the convening authority shall make a detailed written explanation why enlisted members could not be obtained which must be appended to the record of trial.

There's the official answer. Even I learned something. Unfortunately I've never sat on a court martial (so delete this post if you feel Silky) but did have the chance to become one with the MCM for a while.

 

[Cornellianintel]

I don't know how usual or unusual it is, but it certainly is within the guidelines of the uniform code for all members of a court martial to be Officers. Enlisted members may request that (I think) up to 1/3 of the members of general or special courts-martial be enlisted as long as the enlisted men do not and have not served with the accused.


825. ART, 25. WHO MAY SERVE ON COURTS-MARTIAL
(a) Any commissioned officer on active duty is eligible to serve on all courts-martial for the trial of any person who may lawfully be brought before such courts for trial.
(b) Any warrant officer on active duty is eligible to serve on general and special courts-martial for the trial of any person, other than a commissioned officer, who may lawfully be brought before such courts for trial.
****(c)(1) Any enlisted member of an armed force on active duty who is not a member of the same unit as the accused is eligible to serve on general and special courts-martial for the trial of any enlisted member of an armed force who may lawfully be brought before such courts for trial, but he shall serve as a member of a court only if, before the conclusion of a session called by the military judge under section 839(a) of this title (article 39(a)) prior to trial or, in the absence of such a session, before the court is assembled for the trial of the accused, the accused personally has requested orally on the record or in writing that enlisted members serve on it. After such a request, the accused may not be tried by a general or special courts-martial the membership of which does not include enlisted members in a number comprising at least one-third of the total membership of the court, unless eligible enlisted members cannot be obtained on account of physical conditions or military exigencies. If such members cannot be obtained, the court may be assembled and the trial held without them, but the convening authority shall make a detailed written statement, to be appended to the record, stating why they could not be obtained***.

 

[zab1001]

There's the official answer. Even I learned something. Unfortunately I've never sat on a court martial (so delete this post if you feel Silky) but did have the chance to become one with the MCM for a while.

Come on man, you know what I was talking about. As soon as this turns into "they weren't supposed to salute indoors..." it gets the lock.

but I do appreciate the Silky reference.

 

[skidkid]

I have been on two courts martial. One was a LCpl one PFC. For the LCpls he had requested an all Officer jury (sounds like foolishness until you see SNCOs in a "jury" room). The second we had two Captains, one Lt, a Gunny and two SSgts.

So yeah it is fairly common.

 

[zab1001]

I have been on two courts martial. One was a LCpl one PFC. For the LCpls he had requested an all Officer jury (sounds like foolishness until you see SNCOs in a "jury" room). The second we had two Captains, one Lt, a Gunny and two SSgts.

Gotcha. Makes sense.

 

[Steve Wilkins]

It APPEARS they're all officers. Is this normal when the defendants are enlisted? Just curious.

Zab, they're just actors man. Repeat after me. IT'S JUST A MOVIE. Ok good. Feel better?

 

[zab1001]

I dunno man, I was just sitting here pre-gaming with too much time to think...

yes, there are limes

 

[Flash]

I have been on two courts martial. One was a LCpl one PFC. For the LCpls he had requested an all Officer jury (sounds like foolishness until you see SNCOs in a "jury" room). The second we had two Captains, one Lt, a Gunny and two SSgts.

So yeah it is fairly common.

I remember this came up in one of my ROTC classes. We had a Chief on our unit's staff and he was sitting on the class when we asked if enlisted usually asked for enlisted members to be on the board, his response was "the smart ones don't". We were a little suprised but he politely explained, along with the LT instructor, that SNCO's/Chiefs and other senior enlisted were often times much less inclined to be very sympathetic to an enlisted guy than most officers.

The way the Chief explained it was that all the enlisted guys had been at the level where the defendant had been and generally held them to a higher standard than the officers. Having been in several Captain's Masts since then (not a court-martial) has illuminated that difference. While the DIVO's and DH's are generally more sympathetic to a sailor who screwed up and sometimes give him the benefit of the doubt, many of the Chief's want to throw the book at him.

 

[phrogdriver]

I sat on one with a mixed jury and concur with what Flash said.