How is an accused in a court-martial protected from self-incrimination?
In a court-martial in Washington, an accused is provided protection from self-incrimination from the Fifth Amendment of the United States Constitution. This amendment states that no person may be compelled to be a witness against themselves in a criminal case. This means that during the court-martial process, an accused cannot be forced or required to answer any questions from the prosecution that may incriminate themselves. Additionally, an accused is allowed to have an attorney present during the court-martial proceedings and during any questioning by the prosecution. The attorney can provide legal advice and guidance to the accused and advise them when they should or should not answer a question. The attorney can also object to any lines of questioning which may be considered to be self-incriminating and can prevent the accused from answering any questions of that nature. The accused also has the right to remain silent and not answer any questions. This right is known as the “right to remain silent” and it is the accused’s right to exercise this right, even if they are being pressured to answer questions or testify against themselves. This right also applies during a court-martial, and the accused is not obligated to answer any questions by the prosecution or to testify against themselves.
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