What is the burden of proof required for a conviction in a court-martial?

The burden of proof required for a conviction in a court-martial is a ‘preponderance of the evidence’. This means that the military panel, or jury, must be convinced, based on the evidence presented in court, that the accused more likely than not committed the crime. This is a lower standard than the burden of proof required for a civilian criminal conviction, which is ‘beyond a reasonable doubt’. In a court-martial, the government, or prosecution, must prove their case against the defendant with facts and evidence. Witnesses can be called to give testimony, documents or physical evidence can be presented, and a lawyer can represent the defendant in court. The panel or jury will judge the evidence presented to them and decide if the accused is guilty or not guilty. They must be convinced that the accused more likely than not committed the crime. In order to specify a criminal conviction, the burden of evidence in a court-martial must be met. The preponderance of the evidence standard means that the defendant is more likely to have committed the crime than not, but beyond a reasonable doubt is not required for a conviction. If the evidence presented does not meet the burden of proof, then the accused is found not guilty.

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