An Overview of the Capital Jury Project for Military Justice Practitioners: Jury Dynamics, Juror Confusion, and Juror Responsibility

The Army Lawyer, May 2011, No. 5, DA PAM 27-50-456

Florida International University Legal Studies Research Paper No. 13-28

20 Pages Posted: 27 Sep 2013

Date Written: May 6, 2011

Abstract

This article provides the prospective military capital attorney with an overview of certain areas covered by the Capital Jury Project (CJP) — capital jury dynamics, juror confusion, and juror responsibility — and provides an overview of a major litigation technique that has been developed based on those CJP findings, the Colorado method of voir dire. This article provides evidence that capital court-martial panel members have behaved consistently with the CJP findings in at least three capital courts-martial, and examines unique military rules and principles that could work to constrain (or exacerbate) some of the dynamics brought to light by the CJP.

Keywords: Capital Jury Project (CJP), Military Justice, jury dynamics, Rules for Courts-Martial (RCM), Uniform Code of Military Justice (UCMJ), Capital Courts-Martial, Juror Confusion, Juror Responsibility, Colorado Voir Dire

Suggested Citation

Carpenter, Eric, An Overview of the Capital Jury Project for Military Justice Practitioners: Jury Dynamics, Juror Confusion, and Juror Responsibility (May 6, 2011). The Army Lawyer, May 2011, No. 5, DA PAM 27-50-456, Florida International University Legal Studies Research Paper No. 13-28, Available at SSRN: https://ssrn.com/abstract=2328942

Eric Carpenter (Contact Author)

FIU College of Law ( email )

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