The military tribunals that may be used to try Al Qaeda...

The military tribunals that may be used to try Al Qaeda members and others accused of terrorism will require a unanimous verdict to impose a death penalty, although a 2/3 vote of the panel of military officers will be enough to find someone guilty. In addition, the draft regulations stipulate that a defendant is presumed innocent and that the military panel may find someone guilty only after deciding that the proof of guilt is beyond a reasonable doubt, the highest standard of proof and the one used in civilian criminal trials. The standard the regulations provide would allow the military judges to consider any evidence that "a reasonable person" would find useful. That means that evidence like the videotape of Osama bin Laden boasting of the Sept. 11 attacks and any intelligence interceptions would be admissible. Mr. Rumsfeld was expected to approve the regulations with little, if any, modification. One major modification that has been incorporated into the draft, apparently in response to critics, is the provision for an appeals process. One administration official said that after the verdict and sentencing by the tribunal, which is to be composed of at least 5 uniformed officers, a separate three-member panel would review the decisions. The appeal panel would then make a recommendation to the secretary of defence. The final word on approving any sentence and verdict would be up to the president. Under the draft regulations, defendants would have military defence lawyers appointed for them but would also be able to hire civilian lawyers. The feature is similar to the Uniform Code of Military Justice, which governs the rules of courts-martial of American servicemen and allows some evidence to be kept from the defendants for security reasons even though it may be used by prosecutors. The administration, in response to critics, has asserted that the rules for military tribunals are similar to those in the Uniform Code. Mainly the results of courts-martial are reviewable by a civilian court, the Court of Appeals for the Armed Forces, and, ultimately, by the Supreme Court.