Right to a Public Trial — Constitutional Matters — CAAF Opinion Digest

United States v. Miller, 86 M.J. 188 · decided Sep 24, 2025 · No. 25-0025/AR

the Sixth Amendment guarantees the accused in a criminal prosecution the right to a public trial, and this right to a public trial applies to courts-martial
the Supreme Court of the United States has made it clear that the Sixth Amendment right to a public trial applies to the actual proof at trial (i.e., the presentation of evidence to the jury), but it has never clarified how far the right extends beyond that core application or articulated a test for determining whether the right applies to specific pretrial hearings
the Supreme Court of the United States has confirmed that the Sixth Amendment public trial right does apply to two specific pretrial proceedings, suppression hearings and voir dire
neither the Sixth Amendment public trial right nor the RCM 806 public trial right extends to closed hearings conducted pursuant to MRE 412; these hearings have a discrete and limited purpose involving evidentiary determinations and are not part of the trial for purposes of the public trial right; and with respect to RCM 806, that is a general rule that prohibits the closure of courts-martial to the public, and in contrast, MRE 412 is a narrow mandate for closed proceedings in very specific circumstances; following the statutory canon that the specific governs the general, MRE 412 is properly interpreted as an exception to RCM 806's general rule