Which of the following is a right of the accused under Article 15 and Article 31 of the UCMJ?

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The correct answer highlights a foundational aspect of military justice under the Uniform Code of Military Justice (UCMJ). Article 15 provides individuals with the right to demand a court-martial instead of facing non-judicial punishment, allowing a service member to opt for a more formal legal process where they can present their case more robustly.

This right is crucial because it ensures that accused service members can choose a trial by their peers in a court-martial setting, which provides greater protections and opportunities for defense compared to non-judicial punishment procedures. The ability to elect for a court-martial demonstrates the balance that the UCMJ seeks to maintain between maintaining military discipline and protecting the rights of the accused.

The other options, while they pertain to procedural components of military justice, do not accurately reflect rights conferred specifically under Articles 15 or 31. For example, the automatic right to legal counsel is not guaranteed in all cases under these articles. Similarly, the right to appeal decisions varies and is subject to specific regulations and procedures that might not apply uniformly across all scenarios. Lastly, the notion of a public trial differs in a military context, primarily due to operational security and the nature of military proceedings.

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