Quote:
Originally Posted by Fusilier
I'm not in disagreement with you, but isn't it the CM's purpose - to determine guilty or not? I mean just because he stood doesn't imply guilt right? That is the method in which criminal intent is determined I would expect.
My question may not make sense though... I don't know what Article 32 is.
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Article 32 is the Army's version of a Grand Jury hearing. A board of 1-3 officers (depends on the accused ranks) reviews the evidence for and against the defendent and then recommends a courts martial or orders the investigation to be dropped. In this case, the two officers on the board were blasted by the courts martial as the evidence presented by the JAG did not warrant a courts martial. The soldier was able to present enough witnesses to confirm the swirling, confusing conditions of the firefight, the poor intelligence, and the expectation set ahead of time that there would be no civilians present.