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an officer at or near the witness's location. CONDUCTING THE INVESTIGATION. You have broad discretion in how the hearing is conducted. That being said, you are strongly encouraged to follow the Article 32 Investigating Officer's Script included with this guide as. Enclosure (6). Use of the script will cover all the important
5 May 2014 An Article 32 Investigation is similar to a preliminary hearing conducted in many state courts. As such, it should be treated as a quasi-judicial proceeding. Most fundamental, an Article 32 investigation is to be conducted as an impartial gathering of information rather than as an adversarial proceeding.
Article 32(b) Officer's Guide. 2 brief the convening authority so they can make a decision. Your legal advisor will assist in preparing any memorandum on behalf of the convening authority for matters related to the 32(b) investigation. g. Ex Parte Communications. Prior to the hearing, you must avoid discussing the case.
In order for military charges and specifications to be referred to trial by General Court-Martial, the case must first be considered in an Article 32 investigative hearing (UCMJ Article 32 and RCM 405). In an Article 32 investigation, an appointed Investigating Officer considers the case (witnesses and evidence) and makes
18 Feb 2016 Impartiality. You must be impartial. See Article 32(b), R.C.M. 405(d)(1). Your impartiality can be questioned as a result of your knowledge of the case before you start the preliminary hearing and by what you do during the course of the preliminary hearing.
Complete resource for military legal information: Military Article 32 Investigations. The exact procedures to be followed in the hearing are not specified in either the Uniform Code of Military Justice or the Manual for Court-Martial. The investigating officer, however, will generally: Announce the beginning of the investigation
Article 32 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. Its name is derived from UCMJ section VII ("Trial Procedure") Article 32 (10 U.S.C. § 832), which mandates the hearing.
On 19 December 2014, the President signed Ref B which amends those portions of section 1702 of Ref A related to Article 32, UCMJ, preliminary hearings. This ALNAV, effective on 26 December 2014, implements portions of Ref A and Ref B, promulgates training requirements related to Article 32 proceedings, and will
18 Jun 2015 o Supersedes Army Directive 2015-09 (throughout). This major revision, dated 18 June 2015-- o Changes the title of the pamphlet from Procedural Guide for Article 32(B). Investigating Officer to Procedural Guide for Article 32 Preliminary Hearing. Officer (cover). o Updates the purpose paragraph (para 1-1).
26 Dec 2014 This new Article 32 preliminary hearing, while more than a mere report on the charges, is limited to the scope and purposes set forth above. It is not a wide- ranging investigation or forum for discovery. This manual is designed to serve as your guide for the proper conduct of an Article 32 preliminary hearing.

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February 2018