What is the difference between a court-martial and a board of inquiry?
A court-martial and a board of inquiry are two distinct proceedings that differ in their purpose, authority, and requirements. A court-martial is a criminal proceeding presided over by a military judge and panel members, much like a jury in a civilian court. It is used to try and punish individuals in the military who are accused of crimes. A board of inquiry is an administrative investigation conducted to determine facts and circumstances related to a military incident. It has no punitive authority; rather, its purpose is to assess the events and make recommendations. Unlike a court-martial, a board of inquiry is not a trial and has relaxed evidentiary rules. It also does not produce a formal judgment of guilt or innocence. In Utah, military law is governed by the Uniform Code of Military Justice. This code provides for both courts-martial and boards of inquiry when necessary. A court-martial is the standard system for trying and punishing service members, and it follows the same federal and state laws as civilian courts. A board of inquiry is used to investigate and make recommendations on military-related issues, such as a disciplinary matter or a grievance. These investigations are conducted by senior members of the military and are typically less formal than a court-martial.
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