What is the purpose of a military investigative hearing?

The purpose of a military investigative hearing is to determine if a military service member has committed a crime or violation of military law. In California, a military investigative hearing is normally conducted prior to a court-martial. A court-martial is a criminal trial of a service member who is accused of a crime under the Uniform Code of Military Justice (UCMJ). During a military investigative hearing, witnesses are called to testify and answer questions from the prosecutor and defense attorney. Additionally, any evidence that is to be presented will be discussed. The purpose of the hearing is to determine whether a crime was committed and whether the evidence is sufficient to move forward with a court-martial. The investigative hearing is not a trial and the service member is not convicted of any crime, but the hearing will determine if there is enough evidence to move forward with a criminal trial. In some cases, charges may be dropped or reduced and a service member may face administrative action instead of a criminal trial. Ultimately, the purpose of the military investigative hearing is to provide the service member with a fair opportunity to respond to the charges and to provide the prosecution with sufficient evidence to determine whether to proceed with a court-martial. The hearing also serves to protect the rights of the service member and ensure a fair court-martial.

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