(a)  No charge or specification may be referred to a general court-martial for trial until a thorough and impartial investigation of all the matters set forth therein has been made. This investigation shall include inquiry as to the truth of the matter set forth in the charges, consideration of the form of charges, and a recommendation as to the disposition that should be made of the case in the interest of justice and discipline.

Terms Used In Rhode Island General Laws 30-13-34

  • Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
  • Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
  • Military: refers to any or all of the armed forces;
    (15) "Military court" means a court-martial, a court of inquiry, or a provost court;
    (16) "Officer" means commissioned or warrant officer;
    (17) "Rank" means the order of precedence among members of the state military forces;
    (18) "Shall" is used in an imperative sense;
    (19) "State judge advocate" means the commissioned officer on the staff of the adjutant general responsible for supervising military justice in the state military forces;
    (20) "State military forces" means the national guard of the state, as defined in 32 U. See Rhode Island General Laws 30-13-1
  • Military court: means a court-martial, a court of inquiry, or a provost court;
    (16) "Officer" means commissioned or warrant officer;
    (17) "Rank" means the order of precedence among members of the state military forces;
    (18) "Shall" is used in an imperative sense;
    (19) "State judge advocate" means the commissioned officer on the staff of the adjutant general responsible for supervising military justice in the state military forces;
    (20) "State military forces" means the national guard of the state, as defined in 32 U. See Rhode Island General Laws 30-13-1
  • Testimony: Evidence presented orally by witnesses during trials or before grand juries.
  • Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.

(b)  The accused shall be advised of the charges against him or her and of his or her right to be represented at that investigation by counsel. Upon the accused’s own request, he or she shall be represented by civilian counsel if provided by him or her; or military counsel of his or her own selection if military counsel is reasonably available; or by counsel detailed by the officer exercising general court-martial jurisdiction over the command. At that investigation, full opportunity shall be given to the accused to cross-examine witnesses against him or her if they are available, and to present anything he or she may desire in his or her own behalf, either in defense or mitigation, and the investigating officer shall examine witnesses requested by the accused. If the charges are forwarded after the investigation, they shall be accompanied by a statement of the substance of the testimony taken on both sides and a copy thereof shall be given to the accused.

(c)  If an investigation of the subject matter of an offense has been conducted before the accused is charged with the offense, and if the accused was present at the investigation and afforded the opportunities for representation, cross-examinations, and presentation prescribed in subsection (b) of this section, no further investigation of that charge is necessary under this section unless it is demanded by the accused after he or she is informed of the charge. A demand for further investigation entitles the accused to recall witnesses for further cross-examination and to offer any new evidence in his or her own behalf.

(d)  The requirements of this section are binding on all persons administering this code, but failure to follow them does not divest a military court of jurisdiction.

History of Section.
G.L. 1956, § 30-13-34; P.L. 1962, ch. 82, § 1; P.L. 2016, ch. 511, art. 2, § 37.