in some military courts,9 judges are appointed. however,both the prosecution and the defense attorneys are entitled to a peremptory challenge of any judge, in which case that judge is removed from the case and is not replaced. a defendant is declared guilty if the majority of judges cast votes of guilty, and he or she is declared innocent otherwise.suppose that when the defendant is,in fact,guilty,each judge will (independently) vote guilty with probability.7,whereas when the defendant is,in fact,innocent,this probability drops to.3.