Courts-Martial and the Commander

During court-martial, the commander decides on the charge, selects of the jury, and reviews the trial's results. This Article examines these aspects of the military justice system. Currently, the decision to charge is made after the commander's legal advisor reviews the Article 32 investigation. This Article suggests a system where the Article 32 investigation is replaced by a probable cause hearing before a judge.

Jury selection, like the decision to charge, is at the commander's discretion, allowing the commander to include and exclude military members. The Article calls for a military judicial system divided into districts from which an independent judge could select members for the jury. Lastly, because there is no direct route from the Court of Military Appeals into the federal courts, this Article advocates a writ of certiorari to the Supreme Court, thus bringing the Court of Military Appeals under the Supreme Court's scope. The author concludes that these changes will eliminate the appearance that the commander can influence the outcome of trials.