In a comment to Cully Stimson’s post below, the No Man asks about military death penalty stats since the 2001 adoption of a statutory requirement to have a minimum of 12 members on most capital court-martial panels. Since Article 25a took effect, there have been four capital courts-martial tried, two of which (Akbar and Witt) resulted in death sentences and two of which (Hill and Martinez) resulted in acquittals.
Let’s open the lens a bit wider and look at all of the military death penalty cases tried since 1984, when President Reagan issued an Executive Order promulgating the current military death penalty system.
At the base of the pyramid, there are 49 cases that have actually been tried capitally (that includes two capital trials in the Dock case — his original trial that resulted in a death sentence later overturned on appeal and his capital retrial).
The next level of the pyramid has 46 cases — 49 minus the 3 that resulted in complete acquittals (Hill, Martinez, and Chrisco).
The next level has 30 cases — 46 minus the 16 cases that resulted in non-unanimous findings of guilty to the death-eligible offense or offenses.
The next level has 15 cases — 30 minus the 15 cases in which the members imposed a sentence other than death. This level represents the 15 capital courts-martial that have resulted in adjudged death sentences.
The next level has 13 cases — the 15 cases in which members adjudged death sentences minus the 2 in which CAs commuted the death sentence (Turner and Gibbs).
The next level has 8 cases — 13 minus the 5 in which the death sentence has been reversed and replaced with confinement for life (Dock I, Curtis, Simoy, Thomas, Kreutzer).
The next level has 5 cases — 8 minus the 3 cases in which the death sentence has been reversed on appeal but rehearings haven’t been held and reimposition of a death sentence remains possible (Quintanilla, Walker, and Murphy).
The next level has 2 cases — 5 minus the 3 cases that remain on direct appeal (Parker, Witt, and Akbar).
The next level has 1 case — 2 minus 1 case in which the President has not yet acted (Loving).
At the top of the pyramid is Gray, a case in which the President has approved the death sentence and which is currently undergoing habeas review in the U.S. District Court for the District of Kansas.