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A United States military jury (or "Members", in military parlance) serves a function similar to an American civilian jury, but with several notable differences. Only a General Court-Martial (which, depending on the offense, may impose any sentence including death and a dishonorable discharge<ref>10 U.S.C. § 818</ref>) or Special Court-Martial (which, depending on the offense, can impose a sentence up to one year in confinement and a bad-conduct discharge<ref>10 U.S.C. § 819</ref>) includes members. There are no members in a trial by Summary Court-Martial (which, depending on the offense, can impose a sentence up to 30 days in confinement<ref>10 U.S.C. § 820</ref>). If the accused at a general court-martial or special court-martial chooses to be tried by members rather than by a military judge alone, then the members are responsible for both rendering a verdict and a sentence should the accused be found guilty of the charges.<ref>10 U.S.C. § 852</ref> The charges are brought forward by an officer called a "convening authority",<ref>10 U.S.C. §§ 822824</ref> and the convening authority also personally selects each of the members who will try the accused.<ref>10 U.S.C. § 852(d)(2)</ref> The charges which have been levied by the convening authority are prosecuted at courts-martial by Judge Advocates called "trial counsel".<ref>10 U.S.C. § 838(a)</ref> Accused persons facing general or special courts-martial receive representation free of charge from Judge Advocates acting as defense counsel.<ref>10 U.S.C. § 838(b)(3)</ref> Accused persons may also be represented at general or special courts-martial by civilian attorneys hired at their own expense.<ref>10 U.S.C. § 838(b)(2)</ref> While not required by Congressional law, service policy provides that many military accused receive the benefit of representation from a Judge Advocate defense counsel free of charge at summary courts-martial as well.


United States military jury sections
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A United States military jury (or "Members", in military parlance) serves a function similar to an American civilian jury, but with several notable differences. Only a General Court-Martial (which, depending on the offense, may impose any sentence including death and a dishonorable discharge<ref>10 U.S.C. § 818</ref>) or Special Court-Martial (which, depending on the offense, can impose a sentence up to one year in confinement and a bad-conduct discharge<ref>10 U.S.C. § 819</ref>) includes members. There are no members in a trial by Summary Court-Martial (which, depending on the offense, can impose a sentence up to 30 days in confinement<ref>10 U.S.C. § 820</ref>). If the accused at a general court-martial or special court-martial chooses to be tried by members rather than by a military judge alone, then the members are responsible for both rendering a verdict and a sentence should the accused be found guilty of the charges.<ref>10 U.S.C. § 852</ref> The charges are brought forward by an officer called a "convening authority",<ref>10 U.S.C. §§ 822824</ref> and the convening authority also personally selects each of the members who will try the accused.<ref>10 U.S.C. § 852(d)(2)</ref> The charges which have been levied by the convening authority are prosecuted at courts-martial by Judge Advocates called "trial counsel".<ref>10 U.S.C. § 838(a)</ref> Accused persons facing general or special courts-martial receive representation free of charge from Judge Advocates acting as defense counsel.<ref>10 U.S.C. § 838(b)(3)</ref> Accused persons may also be represented at general or special courts-martial by civilian attorneys hired at their own expense.<ref>10 U.S.C. § 838(b)(2)</ref> While not required by Congressional law, service policy provides that many military accused receive the benefit of representation from a Judge Advocate defense counsel free of charge at summary courts-martial as well.


United States military jury sections
Intro  Mechanics  References  See also  External links  

PREVIOUS: IntroNEXT: Mechanics
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