What is the purpose of an Article 32 investigation?

The purpose of an Article 32 Preliminary Hearing is to conduct a “Pretrial Preliminary Hearing” (pre Courts-Martial hearing) to inquire into the facts and substance of the accusation(s) set forth in the charges; to consider the form of the charges; and to determine what disposition should be made of the case in the …

What is Article 32 under the 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 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 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 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 are the three types of administrative investigations?

There are three basic types: Preliminary investigations, administrative investigations and boards of officers.

What are the types of administrative investigations?

There are several sub-types of administrative investigations….Safety & Accident Investigations

  • Aircraft mishaps.
  • Explosions.
  • Ship stranding or flooding.
  • Fires.
  • Firearm accidents.

What does Title 32 National Guard mean?

Activation under Title 32 U.S.C. means that your state’s governor has been authorized or directed by the president to mobilize or activate the National Guard in your state. You perform on active duty under state control, but with pay and benefits provided by the federal government.

What is an Article 31?

Article 31 of Uniform Code of Military Justice (10 U.S.C. § 831) protects service members against compulsory self-incrimination and requires that they be informed of the alleged offense before being questioned.

What are the Article 31 rights?

Article 31, UCMJ Rights. No one subject to the Uniform Code of Military Justice may compel any person to incriminate himself or to answer any question the answer that may tend to incriminate him.

What is Article 31 of the UCMJ?

What is Article 86 of the UCMJ?

Article 86 — Absence without leave. (3) absents himself or remains absent from his unit, organization, or place of duty at which he is required to be at the time prescribed; shall be punished as a court-martial may direct.”

What is an article 32 investigation in the military?

Article 32 of the Uniform Code of Military Justice provides that before charges may be referred to a General Court-Martial, the charges must be “investigated” at an Article 32 investigation. This is not an investigation as you would normally think of it.

What is an article 32 hearing?

Article 32 hearings are established under the Uniform Code of Military Justice (UCMJ) and are similar to preliminary hearings in civilian law. As most military members know, court-martials are the most serious level of proceedings when allegations have been made against service members.

Who is Io in the case of Article 32?

Castleman, 11 M.J. 562 (A.F.C.M.R. 1981) (IO was a close personal friend of accuser, purchased the airplane and vacationed with accuser two days before Article 32); United States v. Davis, 20 M.J. 61 (C.M.A. 1985) (IO was XO of NLSO and was defense counsel’s supervisor.)

What is Article 32 of the UCMJ?

Article 32. Investigation – UCMJ – Uniform Code of Military Justice – Military Law 832. Article 32. Investigation 06. Pre-Trial Procedure (a) No charge or specification may be referred to a general court-martial for trial until a through and impartial investigation of all the matters set forth therein has been made.