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The U.S. Military does not forbid the execution of the mentally retarded or juvenile offenders, though its admission policies make such executions very unlikely. The Military does have life without parole. In a military capital case, the convening authority - a high ranking commanding officer who decides to bring the case to a court martial - decides if the death penalty will be sought. Once decided, the convening authority picks those service members who will serve as panel members/jurors. One requirement for the panel is that if the accused so chooses, at least one third of the panel must consist of enlisted personnel. The only other requirement of a panel is that it consist of at least five members. Therefore, the number of panelists in a military death penalty case can vary from case to case. Although no state provides for a panel of less than 12 jurors in a capital case, military appellate courts have rejected challenges to capital court-martial panels with fewer than 12 members. The President has the power to commute a death sentence and no service member can be executed unless the President personally confirms the death penalty. The U.S. Military has not carried out an execution since 1961. Almost all those on the military death row are members of racial minorities and in the past the military has executed a disproportionately large number of minority defendants.