Final answer:
Members of the military have the right to demand a trial by court martial under the Uniform Code of Military Justice. Civilians have the right to a jury trial as guaranteed by the Sixth Amendment. The Supreme Court has ruled on due process and fair trial rights extensively, including for those designated as enemy combatants.
Step-by-step explanation:
The right to demand a trial by court martial is generally reserved for members of the military services. According to the Uniform Code of Military Justice (UCMJ) and various rulings by the Supreme Court, such as Hamdi v. Rumsfeld, individuals who are part of the armed forces or those accused of violating military laws have this right. Civilians are typically not subject to military law and thus do not have the right to demand a trial by court martial; instead, they have the right to a trial by jury as outlined in the Constitution.
The Sixth Amendment of the U.S. Constitution guarantees all criminal defendants the right to a speedy and public trial by an impartial jury in the state and district where the crime was committed, which has been previously ascertained by law. This amendment ensures due process and fair trial rights are extended to all accused persons, and these rights include being informed of the charges, having the opportunity to confront witnesses, and receiving legal representation.
In special circumstances, such as during times of war or national emergency, the government has in certain cases detained individuals deemed a threat to national security without conventional criminal charges or trials, often designating them as enemy combatants. This practice has led to significant legal debate and Supreme Court rulings, such as in Hamdan v. Rumsfeld, which determined that military commissions set up to try detainees at Guantánamo Bay were illegal due to the lack of protections required by the Geneva Conventions and the UCMJ. Similarly, the right of habeas corpus requires that a lawfully detained individual has the right to challenge their detention in front of a neutral judge.