Analysis of the Courts Martial Manual


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    Often, waiver of the Article 32 investigation is made a condition of a pretrial agreement plea bargain as waiving the hearing saves the government time and money. This may be because there are so few repeat offenders in the military, as anyone who commits a serious offense is typically discharged either punitively or administratively before they get a chance to commit another serious offense. Special-courts may impose punishment of up to one year in confinement or whatever the statutory maximum punishment is for the offenses, whichever is less and may also impose a bad conduct discharge on enlisted members, if authorized for the offense s of which the accused is convicted. Because of the higher potential punishments, the rights of the servicemember and due process afforded increase for each type of court-martial. However, there are a number of other differences which may not be immediately evident.

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