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Investigation Procedures: Difference between revisions
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In the trial of a person charged with an offense in a court-martial proceeding, the Military Judge(s) will hear the evidence and arguments presented by both the Trial Counsel(s) and Defense Counsel(s). The Trial Counsel(s) and the Defense exist in a court-martial in an adversarial relationship with the onus resting on the Trial Counsel(s) to prove the facts of the case beyond a reasonable doubt. The defense may challenge the evidence, question the testimony and the credibility of witnesses, and present alternate theories of events or evidence, where the accused person could be considered not responsible or sometimes less responsible for the alleged offense. | In the trial of a person charged with an offense in a court-martial proceeding, the Military Judge(s) will hear the evidence and arguments presented by both the Trial Counsel(s) and Defense Counsel(s). The Trial Counsel(s) and the Defense exist in a court-martial in an adversarial relationship with the onus resting on the Trial Counsel(s) to prove the facts of the case beyond a reasonable doubt. The defense may challenge the evidence, question the testimony and the credibility of witnesses, and present alternate theories of events or evidence, where the accused person could be considered not responsible or sometimes less responsible for the alleged offense. | ||
* See SFUCMJ Subchapter VII for explicit Articles defining the court-martial process. | * '''See SFUCMJ Subchapter VII for explicit Articles defining the court-martial process.''' | ||
<h4 style="font-family: 'Trebuchet MS','Arial'; color: royalblue; font-weight: bold;">Members of a | <h4 style="font-family: 'Trebuchet MS','Arial'; color: royalblue; font-weight: bold;">Members of a Court-Martial</h4> | ||
* Presiding Judge or Tribunal | * Presiding Judge or Tribunal | ||
* Defendant(s) | * Defendant(s) | ||
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'''* SFUCMJ Subchapter V.''' | '''* SFUCMJ Subchapter V.''' | ||
<h4 style="font-family: 'Trebuchet MS','Arial'; color: royalblue; font-weight: bold;"> | <h4 style="font-family: 'Trebuchet MS','Arial'; color: royalblue; font-weight: bold;">Burden of Proof</h4> | ||
Proof beyond a reasonable doubt is the standard measure of proof that the criminal court-martial will apply when determining if the evidence presented by the Trial Counsel(s) is sufficient to convict the person charged with an offense. If the evidence is sufficient, and the burden of proof has been satisfied, the court-martial may convict the accused. In these cases, the onus to prove all the elements of the charge rests completely with the Trial Counsel(s). The accused person is not required to prove that they are innocent. | Proof beyond a reasonable doubt is the standard measure of proof that the criminal court-martial will apply when determining if the evidence presented by the Trial Counsel(s) is sufficient to convict the person charged with an offense. If the evidence is sufficient, and the burden of proof has been satisfied, the court-martial may convict the accused. In these cases, the onus to prove all the elements of the charge rests completely with the Trial Counsel(s). The accused person is not required to prove that they are innocent. | ||
</center> | </center> | ||