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

The standard of proof in a court-martial in North Dakota is a preponderance of evidence. This means that the evidence presented needs to establish that it is more likely than not that the accused person has committed the crime. This is a lower burden than in a criminal case in civilian court, where the standard is beyond a reasonable doubt. The burden of proof in a court-martial is the responsibility of the prosecution. They are responsible for providing evidence that establishes that it is more likely than not that the accused has committed the crime. This includes both oral testimony from witnesses as well as any physical evidence that may be available. The preponderance of evidence standard means that the court-martial must determine which version of events is more likely to be true. If they cannot come to a conclusion beyond a reasonable doubt, then the accused is found not guilty. In summary, the standard of proof in a court-martial in North Dakota is a preponderance of evidence. This is a lower standard of proof than in a criminal court, and it is the responsibility of the prosecution to provide evidence that it is more likely than not that the accused has committed a crime. If the court is unable to come to a conclusion beyond a reasonable doubt, then the accused is found not guilty.

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