Yes, character evidence can be introduced during an Article 32 preliminary hearing. The evidentiary rules at this stage are relaxed, and the Preliminary Hearing Officer (PHO) has broad discretion to consider information that may be relevant to their findings and recommendations. Character evidence, particularly evidence of the accused’s good military character, is often presented by the defense.
The defense may call witnesses, such as the accused’s supervisor or colleagues, to testify about the accused’s duty performance, integrity, and reputation for being a law-abiding service member. The purpose of introducing this positive character evidence is to provide the PHO with a more complete picture of the accused as a person. This can be influential in a case that relies heavily on credibility. The defense hopes this evidence will persuade the PHO that the accused is not the type of person to have committed the alleged offense.
This evidence can also be relevant to the PHO’s recommendation on disposition. Even if the PHO finds that probable cause technically exists, evidence of an otherwise stellar military career and outstanding character might lead the PHO to recommend a more lenient disposition, such as referral to a special court-martial instead of a general court-martial, or even non-judicial punishment.
While the defense can introduce positive character evidence, the government can also introduce negative character evidence if relevant, although this is less common and subject to objections about fairness. The PHO will weigh all the evidence presented. It is important to remember that this evidence is considered in the context of a probable cause determination, and the PHO’s consideration of it does not guarantee its admissibility later at a contested trial, where stricter rules apply.