The Amendments to Article 32 of the Uniform Code of Military Justice: From "Investigation" to "Preliminary Hearing" (PDF)
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In 2014 Congress made major changes to the Article 32 requirement that absent waiver, no major military criminal cases can be sent to a general court-martial unless it first goes to a preliminary inquiry. Facially the Article 32 process has been made more legalistic and its discovery function has been somewhat impaired, but on balance, however, the changes appear likely to function only as cosmetic ones.
Colonel Francis A. Gilligan is Director of Training, Office of the Chief Prosecutor for the Military Commissions. He has been responsible for review and revision of military criminal law throughout the armed forces.
Professor Fredric I. Lederer is the Chancellor Professor of Law and Director, Center for Legal and Court Technology, William & Mary Law School. A former Army defense counsel, prosecutor, and trial judge, he was co-drafter of the Military Rules of Evidence. As a reserve officer, he now serves as Deputy Commandant (IMA) of the Army's Judge Advocate General's School. He has lectured frequently at such programs as the Inter-Service Military Judge's Seminar. A prolific writer, Professor Lederer is co-author of a leading text on criminal evidence and author of a military criminal law text used for many years at the Army's Judge Advocate General's School.
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