People are our business USAF First Sergeant Academy RIGHTS OF THE ACCUSED Reference: Manual for Courts-Martial Reference: Manual for Courts-Martial

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

People are our business 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

People are our business COMPULSORY SELF-INCRIMINATION PROHIBITED 5th AMENDMENT ARTICLE 31, UCMJ MIRANDA WARNING –Curative advisement

People are our business 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

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

People are our business FAIR AND IMPARTIAL TRIAL INDEPENDENT JUDGE AND ADC ARTICLE 37, UCMJ – Command Influence Prohibited ARTICLE 27, UCMJ –Approximate Equal Qualifications ARTICLE 41, UCMJ –Challenges

People are our business RIGHT OF APPEAL FOR JUDICIAL, NONJUDICIAL & ADVERSE ADMIN ACTIONS JUDICIAL APPEALS –Automatic in some cases MILITARY APPELLATE PROCESS –Civilian courts

People are our business 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

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