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

A court-martial is the judicial process used by the United States military to try members of the military accused of offenses against military law. It is different from a criminal trial in several ways. Firstly, a court-martial is conducted by an entirely different system of justice. In a court-martial, the judge is typically a military officer, while the jury is made up of other military officers or enlisted personnel, depending on the seriousness of the offenses. In criminal trials, a civilian judge and jury preside. Secondly, the laws under which a court-martial is conducted are unique to military justice and not found in the civilian criminal justice system. Generally, the military has "special" laws that are stricter than their civilian counterparts. Thirdly, the punishments for convictions in a court-martial are far more serious than those handed down in a criminal trial. Punishments can include penalties such as imprisonment, forfeiture of pay, and even a dishonorable discharge from the military. Finally, the standard of proof in a court-martial is different from that in a criminal trial. In a criminal trial, guilt must be proven "beyond a reasonable doubt," whereas court-martial proceedings only require that guilt be proven by a "preponderance of the evidence." In summary, court-martial proceedings are unique to the military system of justice and differ from criminal trials in terms of the presiding judge, the laws under which they are conducted, the punishments handed down, and the standard of proof.

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