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What is the difference between a preliminary inquiry and an Article 32 investigation?
Preliminary inquiry: An informal investigation conducted to prove if an offense has been committed. Article 32 investigation: A formal investigation conducted when an individual has been charged and will be tried for an offense.
Whats the closest civilian equivalent of an Article 32 preliminary hearing?
An Article 32 hearing is a proceeding under the United States Uniform Code of Military Justice, similar to that of a preliminary hearing in civilian law.
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.
What is Article 32 of the DOD?
An Article 32 hearing is a military justice pre-trial hearing that determines if there is sufficient evidence for a criminal case to be sent to a general court-martial. Because an Article 32 trial happens prior to the court-martial defense process.
What is an Article 32 preliminary hearing?
Article 32(a)(1)(A), UCMJ reads: a preliminary hearing shall be held before referral of charges and specifications for trial by a general court-martial. Note that the preliminary hearing is only required when charges will be referred to a general court-martial.
What questions are asked at a preliminary hearing?
1:20 3:26 The judge may ask about the victim. What they were doing before the crime. And if anyone identifiedMoreThe judge may ask about the victim. What they were doing before the crime. And if anyone identified the defendant as the perpetrator.
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HEARING COMMITTEE ON THE JUDICIARY UNITED
Feb 9, 2013 (a) Whenever the Attorney General has reason to believe that any organization may be in possession, custody, or control of any documentary mate.
Appendix 9-1: Sample Questions for Probable Cause and
Get a detailed narrative of what happened, including where the witness was coming from, what the witness was doing prior to the incident, and where the
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