This article discusses how one can use the findings of the Capital Jury Project in a military court-martial.
Lieutenant Colonel Eric Carpenter, An Overview of the Capital Jury Project for Military Justice Practitioners: Jury Dynamics, Juror Confusion, and Juror Responsibility, May ARMY LAWYER 2011.
This article will first cover the CJP findings on jury dynamics; will look at how the military’s rules that govern capital cases could impact panel dynamics; and will demonstrate that military panels in three capital courts martial have behaved consistently with the CJP findings. This article will next cover the CJP findings related to juror confusion and will demonstrate that military panels or military judges in three capital courts-martial have behaved consistently with those findings. Next, this article will discuss the concept of juror responsibility and how this concept may apply in a military context. Finally, this article will discuss a method of voir dire that defense counsel can use in capital cases to address the issues raised by the CJP