United States v. Crawford

I dissent.

I cannot join with my brothers for the reason that their rationalization is predicated on the conclusion that instructions on the maximum sentence are governed by the same rules which control the president’s charge on findings. Such doctrine is false and overlooks entirely the basic difference in the rights and privileges of an accused after conviction and the functional change of court-martial members from jurors to judges. On findings, it is the duty of the members of the court to determine facts, but thereafter, during sentence proceedings, they act as the military counterpart of…