The sixth amendment

  • Published
  • By Airman 1st Class Stephanie Englar
  • 14th Flying Training Wing Public Affairs
COLUMBUS AIR FORCE BASE, Miss. --  The Sixth Amendment grants accused individuals the right to a speedy and public trial by a jury of their peers. Performing jury duty gives individuals the opportunity to perform a vital role in the American justice system.

The purpose of a criminal law trial is to protect the innocent, punish the guilty and discover the truth. The Sixth Amendment covers the rights an accused individual has before and during a trial. While protected by the Sixth Amendment, military members must also follow the Uniformed Code of Military Justice.

Before an accused individual has to go to court, it is their Sixth Amendment right to be made aware of the accusations by form of indictment or other formal charge. Knowing the accusations before their trial allows accused individuals to prepare a defense.

Accused individuals have the right to a speedy trial, meaning that they won't be held for a long time in jail while waiting on their trial. Not having a delay in time between accusation and trial also ensures that the information from the crime is still fresh in everyone's minds.

Article 10 of the UCMJ states that when a military member is placed into pretrial confinement, immediate steps must be taken to inform an individual of the crime they have been accused of, and that they will either be tried in the near future or have the charges dismissed.

Along with a speedy trial, accused individuals have the right to a public trial. The Founding Fathers believed that public trials would protect individuals from malicious prosecutions, corrupt judges, and dishonest jury members. The Sixth Amendment and the First Amendment work together to allow media and the public to attend criminal proceedings in most cases.

To protect individuals from dishonest jury members, accused individuals have the right to a trial by an impartial jury of their peers. Selecting people at random for jury duty allows defendants a fair trial, because people who are selected won't know the accused individual or the crime they are accused of.

When a service member is accused of a crime, their chain of command conducts an investigation and it is up to the commander to either drop the charges or prefer charges upon the individual. Once charges have been preferred, they are then reviewed by a convening authority (typically a wing commander or Numbered Air Force (NAF) commander, depending on the type of court-martial) who determines whether the case will be referred to a court-martial.

A court-martial generally takes the form of a trial, in which there is a presiding judge, a prosecutor, and a jury consisting of officers or enlisted personnel. There are three types of courts-martial that are authorized by the UCMJ: a summary court-martial, general court-martial, and special court-martial. The type of court-martial is dependent on the severity of the accusation.

Although there are differences between a federal trial and a court-martial, the overall process still follows the Sixth Amendment. Accused individuals have the right to review evidence through the discovery process prior to trial, they tried as quickly as possible, and they are tried in front of an impartial jury of their peers.