What is an Article 32 hearing?

An Article 32 hearing is a military law procedure used in the state of Mississippi. This hearing is often referred to as a "preliminary hearing," and it is designed to determine whether a military member accused of an offense should face a court-martial. During an Article 32 hearing, an impartial investigating officer will examine all available evidence related to the case, including witness testimony and documents. The investigating officer will then make a recommendation to the commanding officer, either recommending that the accused be subject to a court-martial or that the charges be dismissed. The commanding officer makes the ultimate decision whether to refer the case to a court-martial or to take other administrative action. In all cases, the accused has the right to legal counsel and the right to present evidence and witnesses. An Article 32 hearing is similar to a civilian grand jury hearing in that it is used to determine if there is sufficient evidence to move forward with a criminal case.

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