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Now that was a smart defense attorney and demonstrates one of the few times it
is the best interest of the accused to have court-martial with enlisted members.
Upon request, an enlisted accused is entitled to have at least 1/3 of the panel
(jury) composed of enlisted members.
Since a court-martial requires a 2/3 vote to convict, there must be enough
enlisted members of the panel to ensure acquittal if they all vote "not guilty."
(Disregard that part of the Stars and Stripes article that said 6 members, or 2/3
of the "jury" had to vote for acquittal. It's the opposite).
While some young dumb accused ask for enlisted members in the belief that
they will get PV2/PFC Joe Tentpeg on the panel, the reality is that the enlisted
members will be senior NCO's, MSG/1SG/CSM who will nuke a truly guilty EM
far worse than an all officer panel. But those same grey hair NCO's are the best
line of defense for an NCO accused of the bullshit charges levied against SFC
Barboza.
And I'll bet that -- for most of not all of the NCO members -- there was a certain
amount of "there but for the grace of God go I" based on past behavior.
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