How is a court-martial different from a criminal trial?

A court-martial is different from a criminal trial in several ways. In California, a court-martial is a military court that decides upon cases involving members of the military. Unlike criminal trials, which are governed by state and federal laws, court-martials are governed by the Uniform Code of Military Justice (UCMJ), which sets out the rules and regulations for the proceedings. In a criminal trial, both the prosecution and defense are represented by attorneys who are licensed by the state bar. In a court-martial, however, each party may be represented by a military lawyer, civilian lawyer, or any combination of both. Courts-martial also have a different standard of proof than criminal trials. The standard of proof for a court-martial is “beyond a reasonable doubt,” which is the same standard that applies to criminal trials. In a court-martial, this standard is applied to a panel of officers, rather than a jury of peers. Additionally, the types of punishments available in a court-martial are different than those available in criminal trials. The court-martial panel is responsible for deciding punishments, which can range from reduction in rank and loss of service privileges to dishonorable discharge or death, depending on the type and severity of the offense. Finally, court-martial proceedings are private and not open to the public. Criminal trials, on the other hand, are public proceedings and can be attended by anyone. In summary, a court-martial is different from a criminal trial in terms of representation, standard of proof, types of punishments, and privacy.

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