Going the Last Mile in Reforming the Courts-Martial System: Removing the Convening Authority from the Panel Selection Process

This thesis examines the court-martial panel selection process in the military. This process, which does not extend sixth amendment jury trial rights to soldiers, has historically been tolerated because of the limited criminal jurisdiction the military exercises. Recent expansions of military subject matter jurisdiction have raised due process questions concerning the methods of panel selection. This thesis concludes, in the light of these jurisdictional expansions, that due process and fairness considerations demand a random panel selection method be instituted in the armed forces.