The burden of proof in nonjudicial punishment: why beyond a reasonable doubt makes sense.
From: Army Lawyer
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Date: 11/1/2005
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Author: Reeves, Shane
Roadmap
The Manual for Courts-Martial (MCM) fails to specify the required burden of proof for a commanding officer to determine guilt when administering nonjudicial punishment. As a result of the MCM's silence, the military services have been able to apply different burdens of proof when administering nonjudicial punishment. The lack of a uniform burden of proof throughout the military creates a perception of arbitrary justice, is contrary to the intent of the Uniform Code of ...
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