[The panel] must then weigh all of the aggravating evidence in the case against any evidence in extenuation and mitigation.
A death penalty may not be imposed unless the members unanimously conclude that the aggravating circumstances substantially outweigh the mitigating circumstances.
First, a military defendant cannot be sentenced to death absent a unanimous conviction of a death-eligible offense....
The President has the power to commute a death sentence and no servicemember can be executed unless the President personally confirms the death penalty.
There has been one commutation of a military death sentence since the U. Supreme Court upheld the constitutionality of the death penalty in 1976.
9, 2009 49: military cases in which the death penalty was sought since 1984 15: convictions in capital trials since then 2: times among the 15 that the commanding general has commuted the sentence to life 8: times an appeals court has reversed the conviction, commuted the sentence or ordered a new trial 5: defendants on death row, 3 of whom have appeals pending in military courts 2: condemned servicemen who have exhausted their military appeals. The other had his death writ signed by President George W.
Bush, but his case has been appealed to federal district court.
HOW MILITARY AND CIVILIAN TRIALS DIFFER A service member is entitled to an Article 32 hearing before he or she can be charged with a serious crime and face a court-martial.