What does Preferral of charges mean?
The formal initiation of charging in the military process is known as the “preferral of charges” and signifies that a military member, usually the lowest level commander, has sworn an oath that they have either investigated the allegations on the charge sheet or have reviewed an investigation and believe that …
What is a 39a hearing?
A session of a court-martial called by the military judge either before the members (jurors) are seated or, after that phase of the trial has begun, without the members of the court being present. Article 39a sessions are used to dispose of matters not amounting to a trial of the accused’s guilt or innocence.
What is the catch all UCMJ article?
Since 1951, Article 134 of the Uniform Code of Military Justice (UCMJ) has been the general article for all branches of the military. Article 134 is a “catch-all” for many offenses that are not covered by other specific articles of the UCMJ.
What is Title 32 status National Guard?
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.
How long does an NCIS investigation take?
After the allegation, an immediate investigation starts with one of the service specific special investigative agencies (OSI, NCIS, CID or CGIS). The investigation time depends on how serious the allegation is. Investigations can take a week or they can take 18 to 24 months.
What is an Article 39 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.
What is UCMJ article15?
The authority for commanders to give an Article 15 is found in Article 15 of the Uniform Code of Military Justice. It permits commanders to resolve allegations of minor misconduct against a soldier without resorting to higher forms of discipline, such as a court-martial.
What kind of hearing is an 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.
What is Article 32 of the military code?
In its absence, Article 32 of the Uniform Code of Military Justice (Section 832 of Title 10, United States Code), requires a thorough and impartial preliminary hearing of charges and specifications before they may be referred to a general court-martial (the most serious level of courts-martial).
Who is the investigating officer in Article 32?
The commander directing an investigation under Article 32 details a commissioned officer as investigating officer who will conduct the investigation and make a report of conclusions and recommendations. This officer is never the accuser, trial counsel (judge advocate prosecutor), nor in the accused’s chain of command.
What’s the difference between a grand jury and Article 32?
If a grand jury does not indict, the decision is generally final and charges against the defendant are usually dismissed. The Article 32 hearing, in contrast, is generally an open proceeding that may be attended by the public. Unlike a grand jury proceeding]