What is a motion for dismissal in a court-martial?
A motion for dismissal in a court-martial is a request to the military judge to terminate a case before it has been decided. This can occur either before the judge hears evidence that supports the charge, or after the presentation of evidence, but before the verdict is reached. In either situation, a motion for dismissal can be based on the fact that an accused military member has a lack of culpability or that the proceedings are unfair. In Tennessee, such a motion is typically made either before the proceedings begin or at the end of the trial after the testimonies of both the prosecution and defense have been heard. To grant dismissal, the judge must find the prosecution has failed to produce enough evidence to support the charges or that the defense has presented sufficient proof to prove their innocence. In addition, in Tennessee, a motion for dismissal may also be based on the fact that the trial for the accused is disproportional to the alleged offense. This motion includes the argument that the accused’s punishment or sentence is too harsh for the crime committed. Finally, a motion for dismissal can be based on the fact that the accused already served the sentence for the crime or that the accused was not properly notified of the proceedings. In order for the judge to consider the motion for dismissal, the accused must present sufficient evidence to support their claims, and the motion must be made before the verdict is reached. If the motion is accepted, the case will be dismissed and the accused will be acquitted of all charges.
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