How is evidence presented in a court-martial?
In a court-martial in Utah, evidence is presented much like it is in a civil court. This includes documents, physical evidence (such as weapons, chemical analysis and tangible items), and witness testimony. In addition, a judge advocate is also permitted to present what is known as "judicial notice," which allows the judge to accept certain facts as true without requiring evidence. Witness testimonies are usually given in a pre-trial setting before the court-martial. After the initial testimony is given, defense attorneys are allowed to cross-examine the witnesses and bring up any discrepancies. During the court-martial, witness testimonies are often used to supplement documents, physical evidence, and judicial noticed facts. During the presentation of evidence, both the defense and prosecution make opening statements and closing arguments. During the opening statements, attorneys will usually explain to the jury the gist of the case and the evidence that will be presented. Closing arguments are usually a summary of the case with a request for the jury to come to a particular conclusion. During the presentation of evidence, attorneys are allowed to make objections and ask questions. Finally, military judges are sometimes called to give expert testimony. This often happens when the jury needs additional information that is outside of the realm of the jury members’ knowledge. The military judge’s primary role is to offer opinions and advice on technical matters. Ultimately, the jury is responsible for making their decision based on the evidence presented before them.
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