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Page Title: Fact-Finding Body Required to Conduct a Hearing
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request to the court, persons subject to the UCMJ or employed by the Department of Defense who have a direct  interest  in  the  subject  of  inquiry  must  be designated parties. The court of inquiry has the power to  subpoena  civilian  witnesses. Fact-Finding  Body  Required  to  Conduct  a Hearing A fact-finding body required to conduct a hearing is convened  by  persons  authorized  to  convene  general  or special  courts-martial.  It  consists  of  one  or  more commissioned officers and should have legal counsel appointed  for  the  proceedings.  It  is  convened  by  a written appointing order. The appointing order should direct that all testimony be taken under oath and/or all proceedings recorded verbatim. A hearing procedure is used. Persons whose conduct is subject to inquiry or who have a direct interest in the subject of the inquiry may be designated parties by the convening authority in the  appointing  order.  Additionally,  the  convening authority  may  authorize  the  fact-finding  body  to designate  parties  during  the  proceedings.  A  fact-finding body  to  conduct  a  hearing  does  not  possess  the  power to  subpoena  witnesses,  unless  convened  under  Article 139, UCMJ, and JAGINST 5800.7C, chapter IV. Fact-Finding Body Not Required to Conduct a Hearing A fact-finding body not required to conduct a hearing is convened by a person authorized to convene general, special,  or  summary  courts-martial,  or  to  impose disciplinary  punishment  under  Article  15,  UCMJ, including an officer in charge or an officer who holds delegation  of  authority  for  such  purpose  from  the convening authority. It consists of one or more persons within the Department of the Navy and may have legal counsel appointed for the proceedings. It is convened by a  written  appointing  order.  Ordinarily,  a  fact-finding  body not required to conduct a hearing is not directed to take testimony under oath or to record testimony verbatim. However, it may collect evidence by personal interviews, telephone inquiries, and correspondence. It may not designate any person as a party to the investigation, nor does it possess the power to subpoena witnesses. SUSPECT’S RIGHTS ACKNOWLEDGEMENT/STATEMENT A person subject to the cede who is required to give warnings under Article 31 may not interrogate or request any statement from an accused or a person suspected of an offense  without  first  complying  with  the  following actions: Informing the accused or suspect of the nature of the  accusation Advising the accused  or suspect  that  the  accused or suspect has the right to remain silent Advising  the  accused  or  suspect  that  any statement made may be used as evidence against the accused or suspect in a trial by court-martial Interrogation  includes  any  formal  or  informal questioning that either an incriminating response is sought  or  is  a  reasonable  consequence  of  such questioning. If a person chooses to exercise the privilege against  self-incrimination  or  the  right  to  counsel  under the  Military  Rule  of  Evidence  (Mil.  R.  Evid.)  305, questioning  must  cease  immediately. After  receiving  applicable  warnings  under  Mil.  R. Evid. 305, a person may waive the rights described therein and in Mil. R. Evid. 301 and make a statement. The  waiver  must  be  made  freely,  knowingly,  and Figure  11-1.-Suspect’s  Rights  Acknowledgement/Statement, NAVJAG  5810/10. 11-2

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