What is an Article 32 hearing?
An Article 32 hearing is a specific type of military law procedure applicable in Tennessee. It is used in the Uniform Code of Military Justice (UCMJ) to determine whether a service member should be court-martialed. An Article 32 hearing is a quasi-judicial hearing conducted by a military officer, typically a military judge. The service member facing charges will be present, along with their defense counsel, and the investigating officer will present evidence and witnesses to support the charges. An Article 32 hearing is similar to a grand jury hearing in civilian court where the matter is examined more closely to decide if a trial is necessary. When deciding the outcome of the hearing, the investigating officer must consider whether the accused is likely to have committed the offense, if it is in the interest of justice to prosecute, and if the charges should be referred to court-martial. The investigating officer must also consider any matters of defense or extenuating circumstances that could impact the outcome. By the end of the hearing, the investigating officer must either recommend the accused be tried by court-martial or the charges should be dropped. The accused and their legal counsel can also present evidence and witnesses at the hearing to challenge the charges presented. This hearing can be a critical step in determining the outcome a service member’s case.
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