What is an Article 32 officer?
In an Article 32 hearing, an appointed Preliminary Hearing Officer (PHO) considers the case (witnesses and evidence) and makes non-binding recommendations about his/her view of whether probable cause exists, how the case was, or should, be charged, and how the case should be resolved (a court-martial or some other …
What is an Article 32 UCMJ?
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.
What happens after an Article 32?
What Happens After An Article 32 Hearing? Once the Article 32 officer drafts the report, which can take anywhere from one to ten days, it is provided to the Commanding General, whom we refer to as the General Court-Martial Convening Authority.
What is Article 34 of the UCMJ?
Advice to convening authority before referral for trial. a court-martial would have jurisdiction over the accused and the offense.
What is an Article 39 a session?
Pretrial Hearings. Called “Article 39(a) sessions,” the military judge may hear witnesses, take other evidence, and hear arguments, just as a civilian judge would during “motion hearings” in a civilian case. These sessions and most other proceedings of courts-martial are open to the public.
How long do command investigations last?
If a military investigation is being conducted by the command it can last anywhere from a few weeks to a few months.
What is a special court-martial?
A special court-martial is an intermediate level composed of either a military judge alone, or at least three members and a judge. An enlisted service member may ask that at least one-third of the court members be enlisted. There is both a prosecutor, commonly referred to as the trial counsel, and a defense counsel.