What Are The Three Primary Questions When Conducting A Preliminary Inquiry

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What is the primary purpose of a preliminary inquiry USMC?

The preliminary inquiry (PI) is a quick and informal investigative tool that can be used to determine initially whether a particular incident is serious enough to warrant some form of JAGMAN investigation.

What is a preliminary inquiry investigation?

Criminal Investigation

A preliminary inquiry is a type of “command investigation” usually conducted by an officer-member of the command tasked to discover the facts and circumstances surrounding the allegation compose a written report and finally brief the Commanding Officer/General on the inquiry’s findings.

What is the Jagman?

Almost every naval officer will have contact with an administrative investigation (commonly referred to as a “JAGMAN” investigation) during their military career either as an investigating officer or as a convening authority.

What are the types of administrative investigations?

Administrative Investigations
  • face-to-face (preferred)
  • telephone interviews (follow up with written statements)
  • written statements.

What is an Article 31?

Article 31 of Uniform Code of Military Justice (10 U.S.C. § 831) protects service members against compulsory self-incrimination and requires that they be informed of the alleged offense before being questioned.

What must all findings of fact cite in the Jagman investigation?

Each fact must be supported by testimony of a witness statement of the investigative officer documentary evidence or tangible (real) evidence attached to the investigative report as an enclosure. Each finding of fact must reference each enclosure that supports it.

What are the stages of preliminary investigation?

The framework of the preliminary investigation is based on the following major tasks: (1) verification that an offense has occurred (2) identification of the victim the place of the crime and the time of the crime (3) identification of solvability factors (4) communication of the circumstances of the crime and (5 …

What are the examples of preliminary investigation?

In simple and clear cases the police may deliver a so-called brief preliminary investigation if nothing more than a fine is expected to be issued for the felony. Such crimes include for example endangering traffic safety petty theft and the use of narcotic drugs.

How do preliminary hearings work?

The preliminary hearing is like a mini-trial. The prosecution will call witnesses and introduce evidence and the defense can cross-examine witnesses. … If the judge concludes there is probable cause to believe the crime was committed by the defendant a trial will soon be scheduled.

What is the primary regulatory document of the Navy?

54 Cards in this Set
When assigned as a preliminary inquiry officer you will usually investigate what offenses? Minor
The United States Coast Guard is assigned to the Navy at what times? Upon declaration of war and when directed by the president
What is the primary regulatory document of the Navy? U.S. Navy Regulations

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When combined the Navy offers a environment for growth through what three approaches?

These three methods—formal schools on-the-job training and self-guided learning— serve as the methods to move us forward in our development as leaders. Navy leaders progress along the general paths shown in Appendices 1 and 2.

What is a PIO in the Navy?

§ 776.83 Preliminary inquiry. … (d) The PIO shall personally review the results of the preliminary inquiry to determine whether by a preponderance of the evidence a violation of subpart B of this part or of the Code of Judicial Conduct has occurred.

What is administrative inquiry?

An administrative inquiry is an investigation that is not for the purpose of law enforcement or criminal prosecution. Performing the inquiry: The Agency has the legal right to perform administrative inquiries based on the right to manage the workforce and the right to take discipline.

What is regulatory investigation?

Regulatory investigation means a formal request for information civil investigative demand or civil proceeding including requests for information related thereto brought by or on behalf of a state Attorney General the Federal Trade Commission the Federal Communications Commission or any other federal state local …

What is the difference between an administrative investigation and a criminal investigation?

Administrative internal affairs investigations focus on whether an officer has engaged in noncriminal work-related misconduct. … Criminal IA units examine whether an officer has committed a crime. They can result in criminal prosecution and prison time.

Do soldiers have 5th Amendment rights?

The answer to that is absolutely. Military members are guaranteed that right under the Fifth Amendment but are also subject to the Uniform Code of Military Justice. … People cannot be forced to provide a statement or answer any questions which may incriminate them.

Do military have Miranda rights?

Miranda rights for Military members are controlled by Article 31 UCMJ. … right to remain silent right to have an attorney and. the right to stop answering questions at any time.

What is Article 2 of UCMJ?

Who Falls Under the UCMJ. Rod Powers was the U.S. Military expert for The Balance Careers and was a retired Air Force First Sergeant with 22 years of active duty service. … Article Two of the UCMJ explains fully who fall under the laws / rules of military legal system.

What is a military board of inquiry?

A Military Board of Inquiry (BOI) is made up of officers who must be senior in grade to the officer who is the subject of the BOI. Board of Inquiry is an administrative process reserved for officers when looking into alleged of sub-standard performance or misconduct.

What does a board of inquiry do?

The board of inquiry (BOI) is essentially an administrative separation board for commissioned officers. They are responsible for examining events reviewing allegations and investigating questions of performance of duties.

What is the standard of proof to establish a fact in a command investigation?

What is the standard of proof to establish a fact in a Command Investigation under Chapter II of the JAGMAN? Preponderance of the evidence (more likely than not).

Who conducts preliminary investigation?

Preliminary Investigation may be conducted by any of the following: 83 Page 2 1) Ombudsman Investigators 2) Special Prosecuting Officers 3) Deputized Prosecutors 4) Investigating Officials authorized by law to conduct preliminary investigations or 5) Lawyers in the government service so designated by the Ombudsman.

What are preliminary steps?

Things to be examined and agreed upon prior to start writing a specific guide. General.

What is the procedure in conducting a preliminary investigation?

Preliminary investigations include the process of gathering preparing preserving and analyzing evidence in order to assess whether a crime occurred. This investigation occurs early on in the criminal investigation process.

What is the main reason in conducting preliminary investigation?

A preliminary investigation is an inquiry or proceeding to determine whether there is sufficient ground to engender a well-founded belief that a crime has been committed and the respondent is probably guilty thereof and should be held for trial.

What is the importance of conducting preliminary investigation?

A preliminary investigation is an inquiry or proceeding to determine whether there is a sufficient ground to engender a well-founded belief that a crime has been committed and the respondent is probably guilty thereof and should be held for trial.

Can judges conduct preliminary?

Clearly MTC judges are no longer authorized to conduct preliminary investigation. … Thus the offense charged against complainant requires the conduct of preliminary investigation as provided under Section 1 of Rule 112 of the Rules of Court which reads: SECTION 1. Preliminary investigation defined when required.

What happens at a preliminary inquiry?

Preliminary inquiries are hearings that take place before trial where the prosecution must show that there is sufficient evidence to justify proceedings to trial in the Court of Queen’s Bench.

What does a preliminary hearing determine?

The purpose of a preliminary hearing is for a judge to determine if there is probable cause that a criminal offense has occurred and that there is a reasonable suspicion that you have committed it. Preliminary hearings are rarely granted in the state court system.

What is a preliminary examination?

A preliminary examination is an abbreviated hearing which is held before the district court judge without a jury. At the conclusion of the preliminary examination the district court judge will examine the evidence and determine if there is “probable cause” to support the charges.

What is the primary damage control telephone circuit?

what is the primary damage control telephone circuit for damage control central? 2JZ/NET 80. Which individual trains personnel on prevention and fighting of fires? Fire Marshals.

What conflict management mode involves?

According to the Thomas-Kilmann Conflict Mode Instrument (TKI) used by human resource (HR) professionals around the world there are five major styles of conflict management—collaborating competing avoiding accommodating and compromising.

What is Article 1110 of the US Navy regulations?

1110.

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All Department of the Navy personnel are expected to conduct themselves in accordance with the highest standards of personal and professional integrity and ethics.

What are the three elements that make an effective Navy leader?

Leadership in the naval profession of arms demands self-reliance and independence humility and integrity discipline and resourcefulness and trust and confidence. Leaders at all levels of our Navy must set the example by providing the purpose direction and motivation essential for successful mission accomplishment.

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