USAF First Sergeant Academy RIGHTS OF THE ACCUSED

USAF First Sergeant Academy RIGHTS OF THE ACCUSED Reference: Manual for Courts-Martial

OVERVIEW Ø PRESUMPTION OF INNOCENCE Ø COMPULSORY SELF-INCRIMINATION Ø PRETRIAL INVESTIGATION Ø REPRESENTATION BY COUNSEL Ø FAIR AND IMPARTIAL TRIAL Ø RIGHT OF APPEAL Ø FORMER JEOPARDY

PRESUMPTION OF INNOCENCE ØINNOCENT UNTIL PROVEN GUILTY – Direct evidence – Circumstantial evidence ØBEYOND A REASONABLE DOUBT – Based on reason and common sense ØBURDEN OF PROOF – The government bears

COMPULSORY SELF-INCRIMINATION Ø PROHIBITED Ø 5 th AMENDMENT Ø ARTICLE 31, UCMJ Ø MIRANDA WARNING – Curative advisement

PRETRIAL INVESTIGATION ØARTICLE 32, UCMJ – Similar to grand jury process – Accused entitled to full participation ØINVESTIGATING OFFICER – Not in the defendant's chain of command – Conducts fair/impartial inquiry

REPRESENTATION BY COUNSEL The accused is entitled to military counsel free of charge or may obtain civilian counsel at his or her own expense.

FAIR AND IMPARTIAL TRIAL ØINDEPENDENT JUDGE AND ADC ØARTICLE 37, UCMJ – Command Influence Prohibited ØARTICLE 27, UCMJ – Approximate Equal Qualifications ØARTICLE 41, UCMJ – Challenges

RIGHT OF APPEAL ØFOR JUDICIAL, NONJUDICIAL & ADVERSE ADMIN ACTIONS ØJUDICIAL APPEALS – Automatic in some cases ØMILITARY APPELLATE PROCESS – Civilian courts

FORMER JEOPARDY ØBASIC PROTECTION – 5 th amendment – Article 44, UCMJ – Cannot be tried twice for same offense – Normally no punitive measures taken for the same offense tried in civilian courts

SUMMARY Ø PRESUMPTION OF INNOCENCE Ø COMPULSORY SELF-INCRIMINATION PROHIBITED Ø PRETRIAL INVESTIGATION Ø REPRESENTATION BY COUNSEL Ø FAIR AND IMPARTIAL TRIAL Ø RIGHT OF APPEAL Ø FORMER JEOPARDY