How is a trial by court-martial different from a civilian trial?
In Virginia, a trial by court-martial is different from a civilian trial in several ways. A court-martial is a military tribunal convened by the commanding officer, who acts as the judge in the case. This court-martial is made up of three to five officers who act as a jury. This means that the court-martial is made up of a different set of people than a civilian trial. A court-martial is held to address crimes and offenses committed by military personnel. The specific laws and criminal codes that govern military conduct are different from those of a civilian court. As a result, the rules of evidence and the types of punishments that are permissible are different. The punishments that are issued at a court-martial are harsher than those issued by a civilian court and can include military confinement, confinement to a military base, a loss of rank and privileges, or a dishonorable discharge from the military. In a civilian court, the defendant is presumed innocent until proven guilty in a court of law. In a court-martial, the defendant is assumed guilty and must prove their innocence. In this way, the burden of proof is different in a court-martial than in a civilian trial. Overall, the main difference between a trial by court-martial and a civilian trial is that a court-martial is a military tribunal held to address crimes committed by military personnel while a civilian trial is held to address crimes committed by civilians. The laws, criminal codes, rules of evidence and punishments differ depending on the court.
Related FAQs
What is the role of an Air Force JAG lawyer?What is the UCMJ Article 33?
What is a military judge?
What is the Uniform Code of Military Justice (UCMJ) Article 120?
How is a court-martial case initiated?
What is the standard of proof in a court-martial?
What types of punishments can be handed down in a court-martial?
What is the maximum punishment for an Article 120 offense?
What is a motion for mistrial in a court-martial?
What are the potential punishments that can be imposed in a court-martial?
Related Blog Posts
Military Law – What You Need to Know - July 31, 2023Understanding the Different Types of Military Law - August 7, 2023
Navigating Military Courts and Procedures - August 14, 2023
A Guide to Military Service Member Rights - August 21, 2023
Understanding Military Court Martial Laws - August 28, 2023