What are the rights of an accused in a court-martial?
In California, military members who are accused of criminal activity are subject to a court-martial, or a trial conducted by the military. In these cases, the accused has rights similar to those in a civilian criminal trial. First, the accused has the right to be informed of the charges and to have access to legal representation. They can choose to have a lawyer provided by the military or hire one outside of the military’s legal staff. The accused also has the right to examine the witnesses testifying against them and to confront witnesses. The accused also has the right to remain silent and not incriminate themselves. If the accused exercises this right, the court-martial cannot use the accused’s silence against them. Furthermore, the accused has the right to present evidence on their behalf, including witnesses and testimony. Finally, the accused has the right to reserve plea until the end of the trial. This means that they can wait until after the evidence has been presented before deciding to plead guilty or not guilty. An accused can also appeal the verdict and sentence of the court-martial if they choose to do so. In summary, the accused in a court-martial in California has the same rights as in a civilian criminal trial. These rights include the right to be informed of the charges and to choose legal representation, the right to remain silent and not incriminate oneself, the right to present evidence on one’s behalf, and the right to reserve plea until the end of the trial.
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