What is the purpose of rule 405 in the Manual for Courts Martial?

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The purpose of rule 405 in the Manual for Courts Martial pertains to the preliminary hearing process. This phase is essential as it ensures that there is enough evidence to proceed with formal charges against an accused individual. It acts as a safeguard within the military justice system, allowing for a preliminary examination of the facts to determine if the case merits a full court-martial.

In this context, the rule outlines the procedures and responsibilities involved in conducting these hearings, ensuring that they are fair and just. The preliminary hearing serves as a critical checkpoint to assess the legitimacy of the charges and provide an opportunity for the accused to contest the evidence before it advances to a trial phase. This process is fundamental to maintaining due process and ensuring that only cases with sufficient evidence lead to a court-martial.

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