victor809 wrote:So, I'm not disputing the "tard" charge, but when I looked it up it referenced a court martial as being either a single judge or a "panel"... no mention of who composed that panel, but also no mention of a jury in the way we usually consider a jury (non-court related individuals). I know you have more experience with this... what with you being court martialed for the sheep molestation and everything... just wanted to verify. the "jury" you reference, is that normal enlisted? or are there specifically identified people involved in the court martial?
The "panel" is the jury. It is selected, much like we do for civilians juries, from the local military members stationed in the area, IIRC. They will all be officers (which actually benefits the accused, because they have enough intelligence to pass HS and 4 years of college) unless the accused chooses to have 1/3 of the panel or jury members enlisted, in which case they will pick enlisted people to voir dire.
As I said above, summary courts martial are presided over by an officer appointed by the accused's commanding officer. Usually an officer from his own command. Summary courts martial have limits on the punishments they can dispense. Severe limits. And while more formal than non-judicial punishment, is still considered judicial punishment, even with the limitations.
Special and general courts martial can also be presided by a judge alone (and in both cases it will be an actual judge) if the accused requests it. Special courts martial are limited in the punishment they can dispense as well, but not as limited as a summary... you can still get jail time and a punitive discharge.
General courts martial can impose death by firing squad if they so choose. The big difference is that the 12 member jury or panel... whatever... not only decides guilt or innocence, but they also decide the sentence.