2001
United
States v. Lambert, 55 MJ 293 (a military accused
has no
Sixth Amendment right to a trial by jury; however, the Sixth Amendment
requirement that the jury be impartial applies to court-martial members
and
covers not only the selection of individual jurors, but also their
conduct
during the trial proceedings and the subsequent deliberations).
(a panel member cannot be questioned about his or her verdict but
can be
questioned about the introduction of extraneous information into the
deliberative process).
(in making the determination whether to investigate potential
grounds for
impeaching a verdict and what kind of investigation to make, as well as
whether
and to what extent the conduct was prejudicial, the trial court has
wide
discretion; the military judge’s decisions in this context are reviewed
for
abuse of discretion).
(neither the UCMJ nor the Manual gives the defense the right to
individually
question the members, and this includes questioning the members
concerning
their conduct during the proceedings and deliberations).