Capital Crimes. In order for a death penalty to be imposed the court-martial members
(trial jurors) must reach a unanimous verdict that the servicemember is guilty of the
crime. In the sentencing portion of a court-martial, in addition to the court-martial
procedures required for other serious crimes, the members are required to make a
unanimous finding that one or more specified aggravating factors exist and that they
substantially outweigh any extenuating or mitigating circumstances. The military is what
is called a "weighing jurisdiction." Throughout the review process, the accused is
entitled to free military appellate defense counsel, in addition to retaining a civilian
attorney at no expense to the government.
Habeas Corpus Petitions. After the President signs a death warrant, the accused can
seek a writ of habeas corpus in the appropriate federal district court. The right of the
accused to a military appellate defense counsel without cost extends to habeas corpus
petitions filed in federal court, if requested by the accused.
Execution of Sentences. Only the President can order the execution of a death sentence.
A sentence to death, which has been finally ordered executed, shall be carried out in the
manner prescribed by the Service Secretary concerned. Currently, executions are by
lethal injection.
If you have any questions about court martials, then you should contact an experienced
court martial attorney and military criminal martial lawyer.