During an Article 32 Preliminary Hearing, what is the role of Trial Counsel and Defense Counsel?

During an Article 32 Preliminary Hearing, what is the role of Trial Counsel and Defense Counsel?

• A. They determine the verdict.
• B. They oversee the final sentencing.
• C. They present evidence and witnesses during the hearing.
• D. They issue charges.

Answer: (C)

The main idea here is that the counsel on both sides participate in presenting evidence and witnesses to the Article 32 process. Trial Counsel, as the government’s advocate, introduces the evidence, calls and examines witnesses, and cross-examines the defense’s witnesses to show why there should be a referral of charges to a court-martial. Defense Counsel protects the rights of the accused by presenting their own witnesses and evidence, challenging the prosecution’s witnesses, and arguing why the government has not established probable cause. The Article 32 hearing is an evidentiary proceeding to determine whether there is probable cause to refer charges; decisions on verdicts, sentencing, or charging are not made at this hearing.

The main idea here is that the counsel on both sides participate in presenting evidence and witnesses to the Article 32 process. Trial Counsel, as the government’s advocate, introduces the evidence, calls and examines witnesses, and cross-examines the defense’s witnesses to show why there should be a referral of charges to a court-martial. Defense Counsel protects the rights of the accused by presenting their own witnesses and evidence, challenging the prosecution’s witnesses, and arguing why the government has not established probable cause. The Article 32 hearing is an evidentiary proceeding to determine whether there is probable cause to refer charges; decisions on verdicts, sentencing, or charging are not made at this hearing.