How many enlisted members is an officer entitled to have as part of the jury for a Special Court-Martial?

In a Special Court-Martial, an officer is not entitled to have any enlisted members as part of the jury. This is rooted in the structure and composition of court-martials within the military legal system. A Special Court-Martial typically consists of a panel made up of commissioned officers only, aligning with the principle of military justice that officers are judged by their peers, who hold a similar rank or higher.

The rationale for this policy is to maintain a standard of military discipline and professionalism, ensuring that those who are deciding on court-martial cases have the requisite experience and understanding of military law and the responsibilities of command. This approach also underscores the organizational hierarchy and the distinctive nature of military justice, where rank and professional conduct are central to the proceedings.

In contrast, enlisted members can be a part of a Summary Court-Martial, which is designed to handle less severe offenses and typically involves a single officer presiding over the case. The distinction in the composition of the panels for different types of courts-martial reflects the varying degrees of the severity of charges and the formality of the proceedings.