These judges are commissioned officers selected by judge advocates general according to rules established by Congress, and their responsibility for individual cases begins and ends with the court-martial process. Just as trials in civilian criminal courts are the result of work by police officers and prosecutors, courts-martial are preceded by a formal investigation. During questioning, military suspects have the same Fifth Amendment right to remain silent as do civilians, and then some. Civilian police officers must read a suspect the Miranda rights at the time of arrest. This stringent requirement places a higher burden on military investigators to protect suspects' rights, and it can later become grounds for the dismissal of charges if it is not followed.
Military laws provide generous protections to defendants before a case goes to trial.
These include complete pretrial discovery, allowing defendants free access to witnesses and evidence, as well as a requirement that prosecutors reveal the names of witnesses who will be called during all stages of the trial. The military judge is empowered to hear pretrial motions on a broad range of issues, ranging from alleged violations of the defendant's constitutional rights to the admissibility of evidence. Before the case is heard, defendants have the choice of trial by judge or jury, and enlisted members can request that at least one-third of the court be enlistees. Defendants may also elect to be provided with military counsel or to hire a civilian attorney. The court-martial closely resembles a trial in federal court.