How is a trial by court-martial different from a civilian trial?
A trial by court-martial is quite different from a civilian trial in Washington. The primary difference is that a court-martial is reserved for members of the military who are accused of violating the Uniform Code of Military Justice, whereas civilian trials are conducted for people accused of violations of state or federal laws. Civilian trials are held in civilian courts and are presided over by civilian judges or juries. The standard of proof for a conviction is "beyond a reasonable doubt," and the defendant has the right to an attorney. Court-martial proceedings are handled in military courts and are presided over by a commissioned officer. The standard of proof for a conviction is "preponderance of the evidence" and the defendant does not always have the right to an attorney. In addition to the rules of procedure and evidence that are applied in civilian trials, there are several additional rules that apply in court-martial proceedings, such as limited discovery and the ability of the court-martial to impose sentences that are more severe than those imposed in civilian courts. The different procedures and evidence rules mean that a court-martial is a much different type of trial from a civilian trial. As such, it is important for members of the military who are facing criminal charges to seek out experienced legal representation to ensure that their rights are protected.
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