What is the primary purpose of an Article 32 Preliminary Hearing?

• A. It is a hearing to identify potential witnesses for trial.
• B. It is a hearing to determine guilt beyond a reasonable doubt.
• C. It is a hearing to determine if there is enough evidence to proceed, if the charges are appropriate, and whether this case should go to trial at all.
• D. It is used to set the trial date.

Answer: (C)

The Article 32 Preliminary Hearing is a screening step in the military justice process. Its primary purpose is to determine whether there is enough evidence to proceed, whether the charges are appropriate, and whether the case should go to trial. It works like a gatekeeping review, focusing on whether there is probable cause to refer charges and proceed to trial, not on deciding guilt. The accused has the right to be heard and to present evidence or witnesses, but the hearing itself is about whether moving forward is warranted.

Identifying potential witnesses for trial can occur as part of building the record, but that’s not the main function of this hearing. Determining guilt beyond a reasonable doubt is the role of the actual trial, not this screening step. Setting the trial date is a scheduling matter that comes later in the process, after matters like referral and pretrial motions.