Dwight Sullivan and Jonathan Potter gave an impressive lecture on the death penalty in the military yesterday. Three questions from the audience were intriguing and may be of interest to readers here:
1. Potter noted that only a large command will attempt to pursue a capital case because only a large command has the resources to do so. The audience wondered whether this would give rise to some sort of legal claim (probably Equal Protection?). [A thought: is this also true of other prosecution decisions, and if so, does it weigh in favor of centralizing disposition authority?]
2. Why are all of the current death row inmates in the military from the Army?
3. If there are so few capital cases, how would it be possible for a military JAG to become learned counsel given the requirement of second-chairing a previous capital case?