Army, the convening authority selects a standing court-martial panel that hears cases over a set period of time, for example six months.
This article discusses the policy and legal background pertaining to random panels, explains why the V Corps Commanding General chose to select a random court-martial panel, examines the mechanics used to select and seat this panel, reviews the trial judge's ruling in the first case tried before the random panel, and recounts the discussions that took place during the in-progress review of the new system.
district court practices when it prescribed the method to convene, or call together, members for court-martial duty.
For example, "a commander is free to require representativeness in his courtmartial panels and to insist that no important segment of the military community--such as blacks, Hispanics, or women--be excluded from service on court-martial panels.
When reviewing a convening authority's selection of members, military courts look to the motivation of the convening authority in the court-martial selection process.
The relevant military case law on the subject condones the use of randomly seated court-martial panels.
22) This mandate required the SECDEF to develop and report on a random selection method of choosing members to serve on court-martial panels.
The English Court-Martial system appears as early as 1296 in the role of a military court attached to the army in Scotland.
The court-martial which tried Lance Sergeant Findlay was convened under Section 86 of the Army Act 1955 by the convening officer, who would be a General Officer in command of the formation to which the accused's unit was attached.
Similarly, when the finding and sentence of the court-martial was confirmed by the convening officer it was done so on advice from the Judge Advocate General.
7) It stated that the convening officer played a central role in the prosecution of the case and that all the members of the court-martial board were subordinate in rank to him and under his command.
It was hoped that the Act would ensure that the court-martial system would comply more fully with the European Convention on Human Rights and thus survive any similar challenges in the future.
This was a massive undertaking involving scrutiny of all aspects of the disciplinary system, from internal unit level to that of the Court-Martial Appeal Court.
Should adultery be a court-martial offense for members of the armed services in this liberated age?
If a court-martial for participating in an adulterous affair is a steadfast rule in the military, she should adhere to it and not run to the media to cry sexism.