Defense Advisory Committee on Investigations, Prosecution, and Defense of Sexual Assault in the Armed Forces


Policy Subcommittee Reading Materials


Policy Subcommittee Article 32, UCMJ, Preliminary Hearing Assessments
  Policy Subcommittee Assessments Regarding Article 33 and 34, UCMJ, Disposition Guidance
  Dispositions of Penetrative Sexual Offenses When an Article 32 Investigation/Preliminary Hearing Officer Determined No Probable Cause
         
Request for Information 11 – Responses from Military Justice Experts
  Request for Information 11 – Responses from Special Victim Counsel / Victim Legal Counsel
  Request for Information 11 – Responses from Trial Defense Services
         
Data Charts Related to Article 32 Investigating / Preliminary Officer Determined No Probable Cause
  Article 32 Comparison Chart – Three Statutes
  Case Review Subcommittee Findings, Observations, and Directives to Policy Subcommittee
         
DAC-IPAD Public Meeting – February 14, 2020: Transcript
  DAC-IPAD Public Meeting – August 23, 2019: Transcript
  Judicial Proceedings Panel Report: Excerpt on Recommendations on Panel Concerns Regarding the Fair Administration of Military Justice in Sexual Assault Cases
         
Military Justice Review Group Report: Excerpt on Article 32 – Preliminary Hearing
  Response System Panel Report: Excerpt on Article 32 Proceedings
  General Counsel, Department of Defense Memorandum: Assessment of Judicial Proceedings Since Fiscal Year 2012 Amendments Panel Recommendations 54, 55, 57, 58, and 60,
dated June 7, 2018
         
Joint Service Subcommittee Prosecutorial Authority Study, dated September 2, 2020
  Military Service Article 32, UCMJ Guidance
  Department of Justice Excerpts from the Justice Manual, American Bar Association Criminal Justice Standards, and National District Attorneys Association National Prosecution Standards
         
U.S. District Courts: All Criminal Defendants Pending, by Offense and District, During the 12-Month Period Ending September 30, 2019   U.S. District Courts: Table S-17 – Matters Disposed of by U.S. Magistrate Judges for the 10-Year Period Ending September 30, 2019   Department of Justice, Federal Justice Statistics for 2010
Department of Justice, Federal Justice Statistics for 2011
  Department of Justice, Federal Justice Statistics for 2012
  Department of Justice, Federal Justice Statistics for 2013
         
Department of Justice, Federal Justice Statistics for 2014
  Department of Justice, Federal Justice Statistics for 2015-2016
  Commonwealth of Pennsylvania v. McClelland: 2020 WL4092109
         
U.S. v. Hanabarger: U.S. Navy-Marine Corps Court of Criminal Appeals, No. 201900031
  U.S. v. Lewis: U.S. Navy-Marine Corps Court of Criminal Appeals, No. 201900049
  U.S. v. Hyppolite: U.S. Air Force Court of Criminal Appeals, No. ACM 393581

History & Purpose of Article 32, Uniform Code of Military Justice


The Grand Jury and the Article 32: A Comparison, Captain Lawrence J. Sandell, April 1972
  Comprehensive Guide to the Military Pretrial Investigation, 111 Military Law Review 49, Major Larry A. Gaydos, Winter, 1986
  Throwing the Bay Out with the Bathwater: Congressional Efforts to Empower Victims Threaten the Integrity of the Military Justice System, 27 Federal Sentencing Reporter 156, Major Troy K. Stabenow, February 2015
         
Not Your Momma’s 32: Explaining the Impetus for Change Behind Key Provisions of the Article 32 Preliminary Hearing, 2016 Amry Lawyer 8, Lieutenant Colonel John Loran Kiel, Jr., July 2016
  Hutson v. U.S.: U.S. Court of Military Appeals, 19 USCMA 437, May 22, 1970
  U.S. v. Davis: U.S. Court of Appeals for the Armed Forces, 65 MJ 445, April 23, 2007
         
U.S. v. Meador: U.S. Coast Guard Court of Criminal Appeals, 75 MJ 682, April 19, 2016
  U.S. v. Henry: U.S. Air Force Court of Criminal Appeals, 76 MJ 595, February 17, 2017
   

 

   

 

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