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

In Minnesota, the burden of proof in a court-martial is the same as in a criminal trial in civilian court. In a court-martial, the prosecutor must prove beyond a reasonable doubt that the accused is guilty of the charges. Reasonable doubt is defined as a real, substantiated doubt that the accused is guilty of the charges. In a criminal trial, reasonable doubt is often referred to as "proof beyond a shadow of a doubt". In military law, the burden of proof is slightly different than in civilian court. The prosecutor does not need to prove beyond a reasonable doubt that the accused is guilty of the charges; instead, the prosecutor must prove that the evidence is "beyond any doubt." This is known as a preponderance of evidence and it means that the court believes that the accused is more likely than not guilty of the charges. In a court-martial, it is the responsibility of the judge advocate to decide the burden of proof. Generally, the judge advocate will make a determination based on the facts of the case and the evidence presented. The accused is innocent until proven guilty, and the burden of proof lies with the prosecutor. In military law, the burden of proof is even higher than in a civilian trial: the prosecutor must prove guilt beyond a reasonable doubt.

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

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