Who conducts the Article 32 Preliminary Hearing?

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Study for the Military Justice II Test. Prepare with detailed flashcards and multiple-choice questions; each question includes hints and explanations. Ensure you're ready for your exam success today!

Multiple Choice

Who conducts the Article 32 Preliminary Hearing?

Explanation:
The key idea is that the Article 32 Preliminary Hearing is presided over by a Preliminary Hearing Officer (PHO). The PHO is designated by the convening authority specifically to conduct the hearing, hear testimony, accept evidence, and determine whether there is probable cause to refer the charges to a court-martial. The investigating officer handles the actual fact-finding, but the PHO runs the hearing and makes the probable-cause decision. The SJA provides legal advice, the defense attorney represents the accused, and the VIC does not conduct the hearing.

The key idea is that the Article 32 Preliminary Hearing is presided over by a Preliminary Hearing Officer (PHO). The PHO is designated by the convening authority specifically to conduct the hearing, hear testimony, accept evidence, and determine whether there is probable cause to refer the charges to a court-martial. The investigating officer handles the actual fact-finding, but the PHO runs the hearing and makes the probable-cause decision. The SJA provides legal advice, the defense attorney represents the accused, and the VIC does not conduct the hearing.

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