How is evidence presented in a court-martial?
In Minnesota, evidence presented in a court-martial is very similar to the way it is presented in civilian courts. The rules of evidence for a court-martial are explained in the Manual for Courts-Martial, which is issued by the President of the United States through an Executive Order. During a court-martial, evidence may be presented either through documents, witnesses, or a combination of both. Documents such as reports or emails can be used as evidence to prove a point, and the accused may or may not be asked to testify in their own defense. Witnesses are those who observe and report incidents, and witness testimonies can be used to provide more information to support a point. Witnesses may be called upon to give their testimonies directly in court or provide an affidavit that documents their statements. At times, an individual under oath may give a deposition in lieu of a witness. This deposition can usually be used in the same manner as a witness statement. Other types of evidence, such as physical evidence or audio/video recordings, may also be used in a court-martial. With physical evidence, the item is typically stored and maintained in a secure facility and will be presented to the court during the trial. Audio/video recordings are used to provide additional evidence for the court to consider. Regardless of the type of evidence, it must be admissible before it may be presented in a court-martial. Admissibility of evidence is determined by the presiding judge, and it must be relevant to the case in order for it be considered.
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