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

In Utah, the burden of proof required for a conviction in a court-martial is "beyond a reasonable doubt." This means that the prosecution must prove, to the jury, that it is more likely than not that the accused committed the offense alleged. This is the same burden of proof required in civilian criminal trials, and is higher than the burden of proof that is typically required in civilian civil trials, which is "by a preponderance of evidence." Although the burden of proof is the same, the court-martial process does have some differences from the civilian criminal process. For one thing, the rules of evidence are different. For example, evidence obtained through unlawful searches and seizures is generally not allowed in civilian trial. On the other hand, such evidence is usually permissible in a court-martial. In a court-martial, the accused is entitled to the same constitutional guarantees as a civilian defendant. This includes the right to counsel, the right against self-incrimination, and the right to confront witnesses. The accused may also demand an open court-martial, rather than a closed trial, allowing for public observation of the proceedings. Ultimately, the burden of proof in a court-martial is just as high as one would find in a civilian criminal trial. The prosecution must prove beyond a reasonable doubt that the accused committed the alleged offense in order to secure a conviction.

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

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