Deshawn M. Dawson v. United States
DueProcess FifthAmendment Privacy JusticiabilityDoctri
Does the Constitution preclude a court-martial panel of lay members from convicting a defendant of a criminal offense by a non-unanimous vote?
In Ramos v. Louisiana , 590 U.S. 83 (2020), this Court held that the Sixth Amendment’s right to a “trial . . . by an impartial jury ,” as incorporated by the Fourteenth Amendment’s Due Process Clause, requires that criminal convictions adjudged by juries be unanimous not just in federal civilian courts , but in state courts as well . Service members and civilians prosecuted under the Uniform Code of Military Justice, in contrast , can be convicted by a three -fourths vote of a court -martial panel of lay members. This rule applies not only to allegations of military -specific offenses, but also to trials for alleged common -law crimes unrelated to military service. Often , the only thing depriv ing a court -martial defendant of the protection of a unanimous verdict requirement is the sovereign ’s choice of the forum in which to prosecute. The Question Presented is : Does the Constitution preclude a court -martial panel of lay members from convicting a defendant of a criminal offense by a non -unanimous vote?