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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 MAJOR GARY C. SMALLRIDGE 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 temperament.3 1. 10 U.S.C. § 801 et seq. (1970). (Supp. VI, 1976). 2. MANUAL FOR COURTS-MARTIAL, 1969 (Rev. ed.) 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 L. No. 90-632, 82 Stat. 1335) (originally enacted as Actof 5 May 1950, ch. 169, 64 Stat. 108) and paragraph 4d, MANUAL FOR COURTS-MARTIAL, 1969 (Rev.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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