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Sample Script for Article 32 Preliminary Hearing Form
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People also ask
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What is the most severe type of court-martial?
A general court-martial is the highest trial level in military law and is usually used for the most serious offenses. These are crimes that would typically be considered felonies in a civilian jurisdiction. -
What is a general court-martial?
A general court-martial is the military's highest level trial court. This court tries service members for the most serious crimes. The punishment authority of the general court-martial is limited by the maximum authorized punishment for each offense in the Manual for Courts-Martial. -
What is the Article 32 preliminary hearing?
What is an Article 32 Preliminary Hearing. UCMJ Article 32 Preliminary Hearings are conducted by an impartial preliminary hearing officer (judge advocate) who is responsible for examining all charges preferred against an accused before the case is referred to a general court-martial. -
What is the highest ranking court-martial?
A general court-martial is the highest court level. It consists of a military judge, trial counsel (prosecutor), defense counsel, and eight officers sitting as a panel of court-martial members. An enlisted accused may request a court composed of at least one-third enlisted personnel. -
What is Article 31 of the UCMJ?
Pursuant to Article 31, Uniform Code of Military Justice (Section 831 of Title 10, United States Code), servicemembers have a right against self-incrimination and an entitlement to be informed of the suspected offense(s) before questioning begins. -
What is the court-martial for?
court-martial, military court for hearing charges brought against members of the armed forces or others within its jurisdiction; also, the legal proceeding of such a military court. -
Who has general court-martial authority?
In most cases, it's going to be the most senior-level Officer for the base. Some bases are large enough that they do have more than one court-martial convening authority, but you're going to be talking about an admiral, a flag officer, or a general officer with multiple stars. -
What is the Article 32 proceeding?
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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