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To: ops33

The one big advantage for the accused in an Art 32 is that they can get into the prosecutions stuff before the actual trial.....discover, data, witnesses, etc.

If there's not much of a case, then the Art 32 is duty bound to report that to higher.

If it goes forward to a court martial, that normally means the evidence is almost certainly going to be difficult for the accused.


6 posted on 07/11/2006 6:51:30 PM PDT by xzins (Retired Army Chaplain and Proud of It. Supporting our Troops Means Praying for them to Win!)
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To: xzins

I always was told that if you get in trouble and you're offered an Article 15, take it. Because if the military goes to the trouble of a courts-martial it means they got you.

And I think you are right about the access of the evidence. From what I have read about Grand Juries, only the prosecution presents evidence, the defense does not participate. I had a very good friend of mine who was a Jag and defense attorney. He said he would rather argue for the defense in a military trial than a civilian trial because the rules of evidence are more favorable for the accused in a military trial.


9 posted on 07/11/2006 7:05:06 PM PDT by ops33 (Retired USAF Senior Master Sergeant)
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To: xzins

Most informative, thanks for posting this info.


11 posted on 07/11/2006 7:21:08 PM PDT by Ciexyz (Leaning on the everlasting arms.)
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