t other judge advocates to assist them.
The order requires the Secretary of Defense to establish procedures for the commissions that would assure an accused a "full and fair trial." The presiding officer will have the authority to admit or exclude evidence, but only with just cause. The officer may also conduct the trial in closed session if this is necessary to protect classified information or to assure the safety of defendants, witnesses, or commission members.
Under the procedures, a defendant would receive many, but not all, of the due process protections guaranteed to a defendant in a U.S. civilian criminal court. The tribunal procedures guarantee the following due process protections:
· The accursed will be presumed innocent until proven guilty. The prosecution must prove its case beyond a reasonable doubt.
· An accused will be provided with defense counsel and can also have a lawyer of his or her own choosing, either a military or civilian attorney.
· An accused may refuse to testify during trial. The accused will have the right to obtain witnesses and documents necessary for the defense and be provided sufficiently in advance of the trial with the prosecution's charges written in a language the accused understands.
· The defense counsel will be granted access to all of the prosecution's evidence that they intend to introduce in the trial as well as any evidence known to the prosecution that tends to exculpate the accused. However, the exclusionary rule, which keeps illegally seized evidence out of a civilian criminal trial, does not apply in military tribunals.
· The defense counsel may introduce evidence, call witnesses, and cross-examine all prosecution witnesses.
· A person accused may not be tried twice before a military commission for the same offense
· An accused will be allowed to negotiate and enter into a plea agreement.
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