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
20 Pages Posted: 27 Sep 2013
Date Written: May 6, 2011
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
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