Now that we know United States v. Bozicevich will end in a non-capital sentence, we can update the statistics for military death penalty cases.
Under the current military death penalty system, which President Reagan promulgated in January 1984, there have been 52 known capital courts-martial resulting in 16 adjudged death sentences, for a 30.8% death sentencing rate. (Convening authorities commuted two of the adjudged death sentences and appellate courts reversed eight of the approved death sentences.)
Here’s a breakdown by branch:
USAF: 11 capital courts-martial; 2 adjudged death sentences (18% capital sentencing rate)
U.S. Army: 21 capital courts-martial; 7 adjudged death sentences (33% capital sentencing rate)
USCG: 0 capital courts-martial; 0 adjudged death sentences
USMC: 14 capital courts-martial; 7 adjudged death sentences (50% capital sentencing rate)
USN: 6 capital courts-martial; 0 adjudged death sentences (0% capital sentencing rate)
Historically, about 25% of the military death penalty caess tried in the current system have resulted in a non-unanimous finding of guilty to premeditated murder or felony murder, thereby eliminating death as an authorized sentence.
[Correction: The original post misstated the percentage of Army cases resulting in a death sentence when I accidentally repeated one of the raw numbers in lieu of the percentage. Gordon Smith caught the error. Thanks!]