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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") Articl32(10 U.S.C. § 832), which mandates the hearing. The UCMJ specifies several different levels of formality with which infractions can be dealt. The most serious is a '' general court-martial''. An article 32 hearing is required before a defendant can be referred to a general court-martial, in order to determine whether there is enough evidence to merit a general court-martial. Offenders in the US military may face non-judicial punishment, a summary court-martial, special court-martial, general court-martial, or administrative separation. A commanding officer, in the role as court-martial convening authority, will consult with the command judge advocate for advice on case disposition; factors to be considered include, ''inter alia'', the relevant statuto ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
United States
The United States of America (U.S.A. or USA), commonly known as the United States (U.S. or US) or America, is a country primarily located in North America. It consists of 50 states, a federal district, five major unincorporated territories, nine Minor Outlying Islands, and 326 Indian reservations. The United States is also in free association with three Pacific Island sovereign states: the Federated States of Micronesia, the Marshall Islands, and the Republic of Palau. It is the world's third-largest country by both land and total area. It shares land borders with Canada to its north and with Mexico to its south and has maritime borders with the Bahamas, Cuba, Russia, and other nations. With a population of over 333 million, it is the most populous country in the Americas and the third most populous in the world. The national capital of the United States is Washington, D.C. and its most populous city and principal financial center is New York City. Paleo-Americ ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Sexual Assault In The United States Military
Sexual assault in the United States armed forces is an ongoing issue which has received extensive media coverage in the past. A 2012 Pentagon survey found that approximately 26,000 women and men were sexually assaulted that year; of those, only 3,374 cases were reported. In 2013, a new Pentagon report found that 5,061 troops reported cases of assault. Of the reported cases, only 484 cases went to trial; 376 resulted in convictions. Another investigation found that one in five women in the United States Air Force who were sexually assaulted by service members reported it, for one in 15 men. A survey for the Department of Defense conducted in 2015 found that in the past year 52% of active service members who reported sexual assault had experienced retaliation in the form of professional, social, and administrative actions or punishments. In addition to retaliation against soldiers remaining in active service, many former service members who reported sexual assaults were forced t ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Judge Advocate General's Corps, U
A judge is a person who presides over court proceedings, either alone or as a part of a panel of judges. A judge hears all the witnesses and any other evidence presented by the barristers or solicitors of the case, assesses the credibility and arguments of the parties, and then issues a ruling in the case based on their interpretation of the law and their own personal judgment. A judge is expected to conduct the trial impartially and, typically, in an open court. The powers, functions, method of appointment, discipline, and training of judges vary widely across different jurisdictions. In some jurisdictions, the judge's powers may be shared with a jury. In inquisitorial systems of criminal investigation, a judge might also be an examining magistrate. The presiding judge ensures that all court proceedings are lawful and orderly. Powers and functions The ultimate task of a judge is to settle a legal dispute in a final and publicly lawful manner in agreement with substantia ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
United States Navy
The United States Navy (USN) is the maritime service branch of the United States Armed Forces and one of the eight uniformed services of the United States. It is the largest and most powerful navy in the world, with the estimated tonnage of its active battle fleet alone exceeding the next 13 navies combined, including 11 allies or partner nations of the United States as of 2015. It has the highest combined battle fleet tonnage (4,635,628 tonnes as of 2019) and the world's largest aircraft carrier fleet, with eleven in service, two new carriers under construction, and five other carriers planned. With 336,978 personnel on active duty and 101,583 in the Ready Reserve, the United States Navy is the third largest of the United States military service branches in terms of personnel. It has 290 deployable combat vessels and more than 2,623 operational aircraft . The United States Navy traces its origins to the Continental Navy, which was established during the American Revo ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
United States Court Of Appeals For The Armed Forces
The United States Court of Appeals for the Armed Forces (in case citations, C.A.A.F. or USCAAF) is an Article I court that exercises worldwide appellate jurisdiction over members of the United States Armed Forces on active duty and other persons subject to the Uniform Code of Military Justice. The court is composed of five civilian judges appointed for 15-year terms by the President of the United States with the advice and consent of the United States Senate. The court reviews decisions from the intermediate appellate courts of the services: the Army Court of Criminal Appeals, the Navy-Marine Corps Court of Criminal Appeals, the Coast Guard Court of Criminal Appeals, and the Air Force Court of Criminal Appeals. History Courts-martial are judicial proceedings conducted by the armed forces. The Continental Congress first authorized the use of courts-martial in 1775. From the time of the American Revolutionary War through the middle of the twentieth century, courts-martial wer ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Coast Guard Court Of Criminal Appeals
The Coast Guard Court of Criminal Appeals (CGCCA) is the intermediate appellate court for criminal convictions in the U.S. Coast Guard. It is located in Washington, DC. The Court was established under Article 66, Uniform Code of Military Justice (UCMJ), by the Judge Advocate General of the Coast Guard. The Court is normally composed of five appellate military judges, organized in panels of three for consideration of referred cases. All but the Chief Judge have other primary duties, so that their service on the Court constitutes a collateral duty. Jurisdiction Review of courts-martial In general, the Court reviews and acts on the records by affirming, reversing, or modifying in part the findings or sentence in each case of trial by court-martial in which the sentence, as approved, extends to death; dismissal of a commissioned officer or cadet; dishonorable discharge; bad conduct discharge; or confinement of one year or more. The Court also reviews other courts-martial with l ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Air Force Court Of Criminal Appeals
The Air Force Court of Criminal Appeals (AFCCA) is an independent appellate judicial body authorized by Congress and established by the Judge Advocate General of the Air Force pursuant to the exclusive authority under (a). The Court hears and decides appeals of United States Air Force court-martial convictions and appeals ''pendente lite''. Its appellate judges are assigned to the Court by The Judge Advocate General. The Judge Advocate General instructs court-martial convening authorities to take action in accordance with the Court's decisions. The Air Force Court of Criminal Appeals is located at Andrews Air Force Base in Prince George's County, Maryland. Jurisdiction The court conducts mandatory review of all courts-martial of Air Force members referred to the court (unless waived by the appellant) pursuant to Articles 62, 66, 69, and 73 of the Uniform Code of Military Justice, and, when necessary in furtherance of its jurisdiction, reviews all petitions for extraordina ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Navy-Marine Corps Court Of Criminal Appeal
The Navy-Marine Corps Court of Criminal Appeals (NMCCA) is the intermediate appellate court for criminal convictions in the United States Navy and the Marine Corps. Courts-martial are conducted under the Uniform Code of Military Justice (Title 10 of the United States Code §§ 801-946), and the Manual for Courts-Martial. If the trial results in a conviction, the case is reviewed by the convening authority (the person who referred the case for trial by court-martial). The convening authority has discretion to mitigate the findings and sentence. Review court If the sentence, as approved by the convening authority, includes death, a bad conduct or dishonorable discharge, dismissal of an officer, or confinement for one year or more, the case is reviewed by an intermediate court. For the Navy and Marine Corps, this is the Navy-Marine Corps Court of Criminal Appeals. Description The Navy-Marine Corps Court of Criminal Appeals (NMCCA) is located in Washington, D.C. in the Navy Yard ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Army Court Of Criminal Appeals
In the United States military, the Army Court of Criminal Appeals (ACCA) is an appellate court that reviews certain court martial convictions of Army personnel. Jurisdiction In the United States, courts-martial are conducted under the Uniform Code of Military Justice (UCMJ), 10 U.S.C. §§ 801–946, and the ''Manual for Courts-Martial''. If the trial results in a conviction, the case is reviewed by the convening authority – the person who referred the case for trial by court-martial. The convening authority has discretion to mitigate the findings and sentence. If the sentence, as approved by the convening authority, includes death, a bad-conduct discharge, a dishonorable discharge, dismissal of an officer, or confinement for one year or more, the case is reviewed by an intermediate court. There are four such courts – the Army Court of Criminal Appeals, the Navy-Marine Corps Court of Criminal Appeals, the Air Force Court of Criminal Appeals, and the Coast Guard Court of Cr ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Courts-martial In The United States
Courts-martial of the United States are trials conducted by the U.S. military or by state militaries. Most commonly, courts-martial are convened to try members of the U.S. military for criminal violations of the Uniform Code of Military Justice (UCMJ), which is the U.S. military's criminal code. However, they can also be convened for other purposes, including military tribunals and the enforcement of martial law in an occupied territory. Federal courts-martial are governed by the rules of procedure and evidence laid out in the Manual for Courts-Martial, which contains the Rules for Courts-Martial, Military Rules of Evidence, and other guidance. State courts-martial are governed according to the laws of the state concerned. The American Bar Association has issued a Model State Code of Military Justice, which has influenced the relevant laws and procedures in some states. Courts-martial are adversarial proceedings, as are all United States criminal courts. That is, lawyers re ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Sexual Assault
Sexual assault is an act in which one intentionally sexually touches another person without that person's consent, or coerces or physically forces a person to engage in a sexual act against their will. It is a form of sexual violence, which includes child sexual abuse, groping, rape (forced vaginal, anal, or oral penetration or a drug facilitated sexual assault), or the torture of the person in a sexual manner. Definition Generally, sexual assault is defined as unwanted sexual contact. The National Center for Victims of Crime states: In the United States, the definition of sexual assault varies widely among the individual states. However, in most states sexual assault occurs when there is lack of consent from one of the individuals involved. Consent must take place between two adults who are not incapacitated and consent may change, by being withdrawn, at any time during the sexual act. Types Child sexual abuse Child sexual abuse is a form of child abuse in wh ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Uniform Code Of Military Justice
The Uniform Code of Military Justice (UCMJ, 10 U.S.C. §§ 801–946 is the foundation of military law in the United States. It was established by the United States Congress in accordance with the authority given by the United States Constitution in Article I, Section 8, which provides that "The Congress shall have Power....To make Rules for the Government and Regulation of the land and naval forces". History On June 30, 1775, the Second Continental Congress established 69 Articles of War to govern the conduct of the Continental Army. Effective upon its ratification in 1788, Article I, Section 8 of the United States Constitution provided that Congress has the power to regulate the land and naval forces. On 10 April 1806, the United States Congress enacted 101 Articles of War, which were not significantly revised until over a century later. Discipline in the sea services was provided under the Articles for the Government of the United States Navy (commonly referred to as '' ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
