USAF First Sergeant Academy

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

2. 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

3. 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

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

5. 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

6. 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

7. 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

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

9. 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

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