How is a trial by court-martial different from a civilian trial?

A court-martial in Minnesota is a trial of a U.S. military member accused of violating military law. This differs from a civilian trial in a number of ways. For one, a court-martial panel is different from the court jury found in a civilian trial. A court-martial panel consists of at least three officers or enlisted members with military justice experience and knowledge. The accused can request a jury of officers, but this is not a guarantee. Unlike a civilian trial, where the accused is presumed innocent until proven guilty, a court-martial presumes the accused to be guilty until proven innocent. This means that the burden of proof rests with the defense instead of the prosecution. The rules of evidence also differ for a court-martial. This means that certain types of evidence may be admissible at a court-martial that wouldn’t be admissible at a civilian trial. For example, evidence obtained during a search without a warrant can be admissible at a court-martial, whereas it could be excluded at a civilian trial. In a court-martial, the rights of the accused are more limited than in a civilian trial. For example, the accused does not have the right to remain silent or the right to a public trial. The accused also has limited right to confront and cross-examine witnesses. A court-martial is significantly different from a civilian trial and it is important to understand these differences before going through the military justice system.

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How is a trial by court-martial different from a civilian trial?

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