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19 A.F. L. Rev. 343 (1977)
The Military Jury Selection Reform Movement

handle is hein.journals/airfor19 and id is 363 raw text is: The Military Jury Selection
Reform Movement
THERE HAS BEEN a risingtide of criticism in recent years concerning the
system of selecting veniremen to serve on courts-martial. Various
judges, legislators and commentators, a bar association, a religious
synod, a civil rights organization, and a governmental agency have
declared that the present procedure of bestowing exclusive authority on
limited numbers of senior commanders to select jurors leaves
substantial latitude for abuses that are difficult to identify and prohibit.
The general complaint is that, in convening courts-martial, appropriate
commanders may select court members most likely to convict and
impose the greatest punishment on the accused.
The Uniform Code of Military Justice,' supplemented by the Manual
for Courts-Martial2, provides general guidance for a commander
empowered to convene courts-martial. The following sentence appears
in the Code and the Manual:
When convening a court-martial, the convening authority shall
detail as members thereof 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
1. 10 U.S.C. § 801 et seq. (1970). (Supp. VI, 1976).
3. Article 25(d)(2), Uniform Code of Military Justice. 10 U.S.C. § 825(dX2), as amended (1968) (Pub. L.
No. 90-632, 82 Stat. 1335) (originally enacted as Actof 5 May 1950, ch. 169, 64 Stat. 108) and paragraph 4d,
MANUAL FOR COURTS-MARTIAL, 1969 (Rev. ed.). Article 36 indicates that the President may prescribe by
regulations the procedure... in cases before courts-martial. It also provides that the regulations shall, so
Major Smallridge (B.B.A., University of Miami; M.S., Southern Illinois
University; J. D., University of Miami) is currently assigned as Associate
Appellate Defense Counsel, USAF Judiciary, Headquarters USAF, Washington,
D.C. He is a member of the bars of the District of Columbia and Florida and is
admitted to practice before the United States Supreme Court, the United States
Court of Military Appeals, and the United States Court of Claims.

Jury Selection Reform - 343

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