Military Tribunals - Procedure
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:
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.
The accursed will be presumed innocent until proven guilty. The prosecution must prove its case beyond a reasonable doubt.
An accused may refuse to testify during trial. The accused will have the right to obtain witnesses and documents necessary for the defense.
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.
Under the procedures, however, a person can be convicted in a commission trial by a two-thirds majority of the commissioners: Unanimous verdicts are not required. Evidence, including previous trial testimony and written statements, will be admissible if it tends to prove or disprove the case at hand. The exclusionary rule, which keeps illegally seized evidence out of a civilian criminal trial, does not apply. The procedures do not provide for appeals from a guilty verdict to civilian judges. They do, however, call for "reviews" of a verdict by a three-member panel selected by the secretary of defense. No verdict will be final until approved by the president or the secretary of defense .