How is a court-martial panel chosen?
In this case, I believe the convening authority is the 4th Infantry Division CG. He selects or (more likely) signs off on a panel selected by his staff.
The system is fair. Fairer than the civilian court system. It is just. The Court martial boards are well educated and take the duty very seriously. I do believe in the US military justice system. I have plenty of experience with it. I have signed charge sheets, served on a court martial, imposed article 15s and received an article 15.LOL
Article 25(d)(2) of the UCMJ, 10 U.S.C. 825(d)(2), establishes the procedure for the selection of court-martial panel members. It directs the court-martial convening authority to select "such members of the armed forces as, in his opinion, are best qualified for the duty by reason of age, education, training, experience, length of service, and judicial temperament." /1/ Before the court-martial panel is assembled, the convening authority is free to add, delete, or substitute panel members. Arts. 25, and 29, UCMJ, 10 U.S.C. (& Supp. IV) 825, and 829. |