|
RIGHT TO COUNSEL |
COMPOSITION OF JURY |
VOTE REQUIRED TO CONVICT |
RULES OF EVIDENCE |
VENUE FOR APPEALS |
| CIVILIAN FEDERAL COURTS |
Accused chooses own lawyer, or one is provided if the
accused cannot afford one. |
12 members drawn at random. |
Unanimous decision to convict and to impose sentence,
including the death penalty. |
Strict federal rules of evidence apply, including
of custody chain of evidence. |
United States Court of Appeals, then the Supreme
Court |
| COURTS- MARTIAL |
Government provides a military lawyer; accused can request
one of own choosing. Can also pay for a civilian lawyer. |
For serious offenses, at least five military members
selected by the commanding officer. |
Two-thirds vote to convict in non-capital cases; unanimous
vote required for conviction and sentencing in death penalty cases. |
Strict military rules of evidence apply, virtually
identical to the federal rules of evidence. |
Cases are subject to review by military Court of Criminal
Appeals, the Court of Appeals for Armed Forces and then the Supreme Court. |
| MILITARY TRIBUNALS |
A military lawyer provided, and the accused can replace
with one of own choosing. Accused can also pay for a civilian attorney. |
Three to seven military officers appointed by the military.
Seven members required for death penalty cases. |
A two-thirds vote required to convict. Decision
to impose the death penalty would have to be unanimous. |
Evidence can be admitted if it "would have probative
value to a reasonable person." |
A review panel appointed by the Secretary of Defense,
which could include civilians temporarily appointed as officers. |
