From one who has had a bit of experience (Senior Member of a General Court
Martial in a rape case; and having had a "joint" tour in an AF [ATC] command
where an E-4 who was an RCH from an Article 15 for repeated UAs got an
end-of-tour AFCM just a few months later)...
When I was assigned to the GCM, I had NO contact with the convening authority
from beginning to end, other than the letter telling me I was "it." I had NO
IDEA whether he "wanted" the accused found innocent or guilty; nor did I care.
The person with the MOST influence over the GCM Board is the Military Judge who
presides over the proceedings. His official instructions are VERY influential,
and his handling of and answers to inquiries and questions from the Board can
make a significant difference.
The accused was an E-4. IIRC, there were an E-5 and E-7 on the Board, as well
as 3 officers. none of us had any ulterior motives.
"B2431" wrote...
I think we both know that if a general wants a court marshall to come out
a certain way, that is the way it will come out. Any doubt about that?
Yeah, lots of doubt. The GO who is the convening authority does not involve
himself directly in the trial proceedings, and if you are claiming the board
of officers (and an enlisted man if the defendant is enlisted, at the
defendant's discretion--though most enlisteds are smart enough to realize
that having a junior O-4 sitting in the jury is often better for him than
having a grizzled CSM or MSG there in his stead) who serve as the jury lack
the integrity to find according to their conscince, then you are WAY off
base.
I think it would depend on the charges and the rank of the accused. Over the
years I have become quite aware of the self serving nature of most people.
A hypothetical based on things I have seen over the years. An E-4 charged with
theft faces a board of company grade officers. The officers are aware who
write
and endorse (USAF spelling "indorse") the OERs.
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