U.S. Military Judge Rules in Favor of Unanimous Jury Verdicts for Sexual Assault Cases

Here is an interesting development in the U.S. military’s legal system:

An Army judge’s novel ruling to require a unanimous guilty verdict in an upcoming court-martial has drawn an array of characterizations by military law experts: totally wrong, partially right, rogue and brave among them.

But all the analysts interviewed for this story agreed on one thing. They said the ruling will most likely be overturned by an appellate court. 

Col. Charles Pritchard, a judge in Kaiserslautern, Germany, issued the 16-page ruling this month in response to a motion by the defense for Lt. Col. Andrew Dial, who is charged with three counts of sexual assault.

“This judge obviously put a great deal of effort into it and used his noggin,” said Eugene Fidell, a military law professor at New York University. “It takes some courage for a judge to do this, so my hat’s off to him.” 

Pritchard held that allowing a split guilty verdict would violate Dial’s constitutional rights under the Fifth Amendment guarantees of due process and equal protection under the law. 

In essence, he said the military must accord Dial the same right to a unanimous criminal jury guilty verdict as civilian defendants have been afforded in federal, and, since 2020, state courts.

Stars & Stripes

You can read more at the link, but the ruling will likely be overturned according to the article because Congress sets the rules for the military’s justice system. It is unlikely they will change the split verdict system because it will lead to a likely decrease in sexual assault convictions.