AZhitman wrote:Bobby's ignoring me now... much easier to change the subject.
Obama knows more than the seasoned Generals and military commanders... Bob knows more than the CIC, the JAG and the entire Navy.
Sensing a parallel here....
I'm trying to figure out where I'm ignoring you. Perhaps it's because the UCMJ isn't the same UCMJ that you're referring to, in that it's been revised more times than either of us can count.
Let's let the military play judicial branch, that's reasonable, they're certainly skilled and trained to do so.
I think this started as a comment on the texecutioner. A person who probably has the record for quickest review of a capital sentence, and most executions on his watch. I'm not against Bush, it's just that I'm at a loss for anything that he's done that has been, well, reasonable and fair.
Finally, it was a Republican that brought the death penalty back..In 1983, the Armed Forces Court of Appeals held in U.S. v. Matthews, 16 M.J. 354, that military capital sentencing procedures were unconstitutional for failing to require a finding of individualized aggravating circumstances. In 1984, the death penalty was reinstated when President Ronald Reagan signed an executive order adopting detailed rules for capital courts-martial. Among the rules was a list of 11 aggravating factors that qualify defendants for death sentences.
And another reason why it's fairness is questionable.
In a military capital case, the convening authority -- a high ranking commanding officer who decides to bring the case to a court martial -- decides if the death penalty will be sought. Once decided, the convening authority picks those servicemembers who will serve as panel members/jurors. One requirement for the panel is that if the accused so chooses, at least 1/3 of the panel must consist of enlisted personnel. The only other requirement of a panel is that it consist of at least five members. Therefore, the number of panelists in a military death penalty case can vary from case to case. Although no state provides for a panel of less than 12 jurors in a capital case, military appellate courts have rejected challenges to capital court-martialed panels with fewer than 12 members. (see, e.g., United States v. Curtins, 32 M.J. 252 (C.M.A.), cert denied, 502 U.S. 952 (1991)).
Let's see. Let the "convening authority" (like the District attorney here) pick the jury. That's unconscionable. Let's allow it with as few as 5 jurors... Makes one of those 11-1 hung juries less likely doesn't it.