Well, I never served on a Court Martial panel, but I did serve on a panel in a proceeding that was run just like a Court Martial. I was the junior member of the panel. The senior member was a bird colonel. (O-6).
We asked questions, we looked beyond the raw evidence, and looked to larger issues. Mainly in setting the punishment recomendation. The factual issues were pretty much stipulated. We considered not just what the Airman "deserved" but also what was in the best interest of the command and the Air Force.
I expect these officers will be no different.
Yes the judge will be an officer, a JAG officer. But he/she will have no where near the power that a civilian trial judge has.
Yeah, acutally, he will. A General Court Martial is run very much along the lines of a civilian criminal court. The members of the court martial board act as jury, unless LCOL Lakin decides he wants the judge alone to decide his fate. One major difference is that the verdict doesn't have to be unanimous. It only takes 2/3rd to convict.