Section I briefly introduces the nonjudicial punishment system and discusses the problem of services using different burdens of proof. Section II defines burden of proof and describes the possible burdens of proof available to military commanders.
2292) that would require the General Accounting Office to conduct a study of the differences between civil and criminal burdens of proof in IRS and nonIRS contexts and to report to Congress what impact changing the burdens would have on tax administration and taxpayer rights.
Once the employer has articulated the legitimate and nondiscriminatory reason for its actions, the burden shifts back to the plaintiff to establish a "pretext." In 1993, the Supreme Court clarified the third prong of the analysis regarding burdens of proof in Title VII matters.