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

In Virginia, the burden of proof in a court-martial is proof beyond a reasonable doubt. This is the highest standard of proof required in a criminal case. Proof beyond a reasonable doubt means that no reasonable doubt exists about the accused’s guilt. In other words, any person hearing or viewing the evidence must be convinced that the accused is guilty. In a court-martial, the prosecution (which is a representative of the military justice system) has the burden of proving the person’s guilt beyond a reasonable doubt. The prosecution presents evidence and witnesses to make its case for the accused’s guilt. The defense then has the opportunity to offer evidence or witnesses to refute the prosecution’s case. The judge or panel of officers who are deciding the case must unanimously agree that the accused is guilty beyond a reasonable doubt. If any of the officers have even a small doubt that the accused is guilty, then they must find the accused not guilty. It is important for the accused to understand that in Virginia, the burden of proof in a court-martial is beyond a reasonable doubt.

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