What is the standard of proof in a court-martial?

In New York, military law is enforced through the court-martial system. All court-martials are held in accordance with the Uniform Code of Military Justice (UCMJ). During a court-martial, the standard of proof applied is the same as that applied in civilian courts in the United States. In other words, the prosecution must demonstrate guilt “beyond a reasonable doubt.” This means that the prosecution must prove, beyond any reasonable doubt, that the person accused of a crime is guilty. The burden of proof is much higher in court-martial proceedings than in civilian court proceedings. In civilian court proceedings, guilt must be proven “by a preponderance of the evidence.” This means that the evidence must suggest that there is a greater than 50% chance that the accused is guilty in order for them to be convicted. In a court-martial, the evidence must be so compelling that it leaves no reasonable doubt that the accused is guilty. Furthermore, general courts-martial proceedings must include a panel of at least five members hearing the case. These members must unanimously agree that the accused is guilty before a conviction will be handed down. This requirement further underscores the high standard of proof required in court-martial cases. The prosecution must prove beyond any reasonable doubt that the accused is guilty before a conviction can be reached.

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What is the standard of proof in a court-martial?

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