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Similar to a grand jury proceeding, such a hearing is held in open court with attorneys for both sides present.
•A military jury in a capital case must be unanimous in both its verdict and the sentence.
Bush, but his case has been appealed to federal district court.
The "convening authority" -- a high-ranking commanding officer who decides to bring the case to trial -- chooses whether the government will seek a death sentence.
If the case is referred capitally, the defendant cannot choose a bench [judge only] trial; rather, the case must be tried before a panel of at least five military members (DPIC note: now 12 members are required on the panel for a capital case (RCM 501(a)).
There has been one commutation of a military death sentence since the U. Supreme Court upheld the constitutionality of the death penalty in 1976.
On January 17, 2017, President Barack Obama commuted to life imprisonment the death sentence that had been imposed on Dwight Loving (B) in 1989.
First, they must determine whether the government has proven a specified aggravating factor beyond a reasonable doubt....
Most of these aggravating factors -- such as killing more than one person or being the triggerman in a felony murder -- are similar to those found in civilian capital punishment schemes.
354, that military capital sentencing procedures were unconstitutional for failing to require a finding of individualized aggravating circumstances.
For crimes that occurred on or after November 17, 1997, a sentence of life without the possibility of parole became available.
•Before a condemned service member can be put to death, the president must sign an affirmative order explicitly approving the execution.
(source: Dallas Morning News) Under the Uniform Code of Military Justice, 15 offenses can be punishable by death, though many of these crimes -- such as desertion or disobeying a superior commissioned officer's orders -- carry the death penalty only in time of war.
The Uniform Code of Military Justice provides the death penalty as a possible punishment for 15 offenses (10 USC Sections 886-934), many of which must occur during a time of war.