How is a trial by court-martial different from a civilian trial?
A trial by court-martial is different from a civilian trial in several ways. In a military trial, the accused is tried by a panel of military personnel, called the court-martial. The rules of evidence, procedures, and punishments are all governed by the Uniform Code of Military Justice (UCMJ). In a civilian trial, the accused is tried by a civilian jury and the rules of evidence, procedures, and punishments are governed by state and federal laws. In a military trial, the accused can be defended by a military attorney appointed by the military, or by a civilian attorney, who is retained by the accused. In a civilian trial, the accused is typically defended by a civilian attorney. The standard of proof in a court-martial is "beyond a reasonable doubt," which is the highest standard of proof required in criminal trials. In a civilian trial, the standard of proof is "preponderance of the evidence," which is a lower standard than in a court-martial. In a court-martial, the possible punishments are generally more severe than in a civilian trial. A court-martial can impose a conviction of up to life in prison. In a civilian trial, the maximum punishment is usually jail time of a few months or years. In a court-martial, the reasons for the conviction must be stated in the official record, while in a civilian trial, they do not have to. Lastly, a conviction from a court-martial cannot be overturned in a higher court. A conviction from a civilian trial can be reversed in an appellate court.
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