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.

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