From the Founding until 2018, servicemembers had a right to be tried by a panel of fellow servicemembers. A new cert. petition asks whether Congress violated due process when it took that right away.
Fascinating to learn how different military law is from civilian law. I hope the S Ct takes this case so we can follow it with you. In addition to history and tradition arguments, you emphasized that judge-only trials (short-martials) are likely to increase errors of fact (as compared to traditional panels of 4 or 8). Makes sense. To support this notion, do you have empirical evidence of how frequently (in the past) errors of fact have led to erroneous convictions?
Fascinating to learn how different military law is from civilian law. I hope the S Ct takes this case so we can follow it with you. In addition to history and tradition arguments, you emphasized that judge-only trials (short-martials) are likely to increase errors of fact (as compared to traditional panels of 4 or 8). Makes sense. To support this notion, do you have empirical evidence of how frequently (in the past) errors of fact have led to erroneous convictions?