39A-5-222. Voting by military court members — Procedure — Presumption of innocence — Reasonable doubt — Burden of proof.
| (1) |
Terms Used In Utah Code 39A-5-222- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Military: means any or all of the armed forces of the United States. See Utah Code 39A-5-102
- Military court: means a court-martial, a court of inquiry, or a provost court. See Utah Code 39A-5-102
- Military judge: means a qualified staff judge advocate officer of a military court detailed under Section 39A-5-206. See Utah Code 39A-5-102
- State: when applied to the different parts of the United States, includes a state, district, or territory of the United States. See Utah Code 68-3-12.5
- Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
| (a) |
The military judge shall rule upon all questions of law and all interlocutory questions arising during the proceedings. |
| (b) |
A ruling made by the military judge upon a question of law or an interlocutory question, other than the factual issue of mental responsibility of the accused, is final and is the ruling of the court. However, the military judge may change the ruling at any time during the trial. |
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| (2) |
Before a vote is taken on the findings, the military judge shall, in the presence of the accused and counsel, instruct the court as to the elements of the offense and charge the court that:
| (a) |
the accused is presumed innocent until guilt is established by legal and competent evidence beyond reasonable doubt; |
| (b) |
if there is reasonable doubt as to the guilt of the accused, the doubt shall be resolved in favor of the accused, and the accused shall be acquitted; |
| (c) |
if there is a reasonable doubt as to the degree of guilt, the finding shall be in a lower degree, as to which there is no reasonable doubt; and |
| (d) |
the burden of proof to establish the guilt of the accused beyond a reasonable doubt is on the state. |
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| (3) |
| (a) |
Voting by members of a military court on the findings and on the sentence, and upon questions of challenge, are by secret written ballot. |
| (b) |
The junior member of the court counts the votes. |
| (c) |
The count shall be reviewed by the president, who shall immediately announce the result of the ballot to the members of the court. |
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| (4) |
| (a) |
If the court is composed of a military judge only, the military judge determines all questions of law and fact arising during the proceedings. If the accused is convicted, the judge imposes the sentence. |
| (b) |
The military judge of a court shall make a general finding and shall, on request, find the facts specially. |
| (c) |
If an opinion or memorandum of decision is filed, it is sufficient if the findings of fact are included. |
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Renumbered and Amended by Chapter 373, 2022 General Session
