When can an accused not be punished during the judicial process?

The correct answer is that an accused cannot be punished before trial. In the context of military justice, the principle that a person is presumed innocent until proven guilty is fundamental. Until a trial is conducted and a verdict is reached, the accused has the right to due process, which protects them from punishment based on unproven allegations.

This principle ensures that the judicial system thoroughly examines the evidence and allows for a fair defense before any punitive measures can be enforced. The process includes investigations and hearings, but punishment cannot be imposed until the trial is concluded and a determination of guilt is made. Each stage in the judicial process serves to establish the facts and uphold justice, maintaining the integrity of the legal system.

Options that suggest punishment can be imposed before trial do not align with this fundamental legal tenet. While an Article 32 investigation or presenting evidence are critical components of the military judicial process, they do not authorize punitive actions against the accused prior to a formal trial.