USAF First Sergeant Academy

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USAF First Sergeant Academy

• RIGHTS OF THE ACCUSED
• 
  Reference Manual for Courts-Martial

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OVERVIEW

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

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PRESUMPTION OF INNOCENCE

• INNOCENT UNTIL PROVEN GUILTY
• Direct evidence
• Circumstantial evidence
• BEYOND A REASONABLE DOUBT
• Based on reason and common sense
• BURDEN OF PROOF
• The government bears

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COMPULSORY SELF-INCRIMINATION

• PROHIBITED
• 5th AMENDMENT
• ARTICLE 31, UCMJ
• MIRANDA WARNING
• Curative advisement

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PRETRIAL INVESTIGATION

• ARTICLE 32, UCMJ
• Similar to grand jury process
• Accused entitled to full participation
• INVESTIGATING OFFICER
• Not in the defendant's chain of command
• Conducts fair/impartial inquiry

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REPRESENTATION BY COUNSEL

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

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FAIR AND IMPARTIAL TRIAL

• INDEPENDENT JUDGE AND ADC
• ARTICLE 37, UCMJ
• Command Influence Prohibited
• ARTICLE 27, UCMJ
• Approximate Equal Qualifications
• ARTICLE 41, UCMJ
• Challenges

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RIGHT OF APPEAL

• FOR JUDICIAL, NONJUDICIAL ADVERSE ADMIN ACTIONS
• JUDICIAL APPEALS
• Automatic in some cases
• MILITARY APPELLATE PROCESS
• Civilian courts

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FORMER JEOPARDY

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

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SUMMARY

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