
Sample Script for Article 32 Preliminary Hearing Form
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People also ask
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What is the purpose of an Article 32 investigation?
This inquiry is called a preliminary hearing or an Article 32 hearing, and it has three main purposes: to inquire into the legal sufficiency of the charges; to consider the form of the charges; and. to consider which forum is appropriate to handle the pending disciplinary action.
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What is Article 32 in the military?
Before a Commanding General can refer charges to a General Court-Martial, a thorough and impartial investigation into the basis for the charges must be conducted.
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What is a military hearing called?
An Article 32, or preliminary hearing, is a legal procedure under the Uniform Code of Military Justice designed to determine if there is sufficient evidence to merit a court-martial. It is required before a case can be tried before a general court-martial.
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What is the primary purpose of a preliminary inquiry?
The purpose of a preliminary hearing is for a judge to decide if there is enough evidence for the case to move forward. It is not to decide if someone is guilty. At a preliminary hearing, the prosecution presents the main evidence that supports the charges they filed.
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What is the purpose of an Article 32 investigation quizlet?
Article 32 investigation: A formal investigation conducted when an individual has been charged and will be tried for an offense. Purpose: To gather, analyze, and record relevant information about an incident or event of primary interest to command authorities.
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What is the difference between a preliminary inquiry and an Article 32 investigation?
While preliminary hearings in civilian courts will only typically involve testimony for probable cause, Article 32 hearings can extend over longer periods of time, depending on the number of witnesses called and questioned.
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What is an Article 32 preliminary hearing?
During an Article 32 preliminary hearing, the military court appoints a Preliminary Hearing Officer (PHO) to determine the validity of the accusation in question, evaluate available evidence and witness testimony, verify the credibility of involved witnesses, and offer non-binding recommendations as to whether the PHO ...
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What is Article 32 in the military?
Article 32 of the UCMJ requires any service member accused of violating any Punitive Article of the UCMJ to undergo a preliminary hearing. This hearing functions similarly to an arraignment or pretrial hearing in civilian criminal court.
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