He Called for His Pipe, and He Called for His Bowl, and He Called for His Members Three--Selection of Military Juries by the Sovereign: Impediment to Military Justice
JUDGE ADVOCATE GENERAL'S SCHOOL CHARLOTTESVILE VA
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The commanding officer selects court-martial members according to specific subjective criteria under Article 25 of the Uniform Code of Military Justice UCMJ. This method of jury selection is unconstitutional. It violates the Sixth Amendment, Article III, and the doctrine of separation of powers. Todays reliance on outdated, inapplicable precedent to support military exclusion from these constitutional precepts defies developments in constitutional and military law. The militarys method of jury selection spawns the reality and appearance of unlawful command influence. Court-stacking and subjugation of juror independence infect or appear to infect the Article 25 process. This thesis proposes to replace Article 25 with random selection from installation-wide venire pools, generated and maintained by computer database. Court-martial members would be determined solely on the bases of longevity on station and seniority to the accused. The proposed model largely exceeds constitutional norms of random selection from a fair cross- section of the community. The model curtails a major segment of command influence presently intrinsic to military justice. This thesis examines and rejects the discipline paradigm of military justice underpinning military exclusion from this fundamental criminal due process right. Methods of analyzing individual rights under this paradigm nevertheless support the proposed model of random selection Further, the model enhances discipline by increasing the reality and appearance of fairness, both from within and without the military.
- Sociology and Law
- Military Forces and Organizations