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UCMJ Article 32 questions

53 answers, newest first

  1. Who serves as the Preliminary Hearing Officer in an Article 32 hearing?
  2. What’s the role of a trial counsel during an Article 32 hearing?
  3. What’s the relationship between the CID investigation and the Article 32 hearing?
  4. What strategic advantages does an Article 32 hearing offer the defense?
  5. What standard of proof is used to determine probable cause in an Article 32 hearing?
  6. What rules govern the use of classified documents during Article 32 hearings?
  7. What role does the Manual for Courts-Martial play in Article 32 hearings?
  8. What rights does the accused have at an Article 32 hearing?
  9. What relief is available when charges are referred with insufficient Article 32 investigation findings?
  10. What kind of report does the PHO submit after the Article 32 hearing?
  11. What is the timeline between preferral of charges and an Article 32 hearing?
  12. What is the primary purpose of an Article 32 hearing under the UCMJ?
  13. What is the most common mistake accused make during Article 32 hearings?
  14. What is the difference between an Article 32 and an Article 15 proceeding?
  15. What if a witness perjures themselves during the Article 32 hearing?
  16. What happens if the PHO finds insufficient probable cause during an Article 32 hearing?
  17. What happens if a service member waives their Article 32 hearing?
  18. What are the procedural steps to challenge an Article 32 hearing officer for bias?
  19. What are the most common reasons charges get dismissed at the Article 32 phase?
  20. Is victim participation required at the Article 32 stage?
  21. Is expert testimony allowed during an Article 32 hearing?
  22. Is an Article 32 hearing mandatory before referral to a general court-martial?
  23. How long does a typical Article 32 hearing last?
  24. How is an Article 32 hearing different from a civilian grand jury?
  25. How does an Article 32 hearing interact with protective orders?