What is an Article 32 hearing?

An Article 32 hearing is a type of pre-trial hearing used in the military justice system in Virginia. It is similar to a civilian grand jury hearing, where the facts of a case are presented to a military officer. This officer is called an Investigating Officer (IO). The IO is responsible for determining if there is sufficient evidence to support a court-martial (a military trial). They may choose to dismiss the case, forward the case to a court-martial, or make non-judicial (administrative) recommendations. At the hearing, the IO hears from both sides – the accused, the prosecutor, and any witnesses. They are able to ask questions of witnesses and other parties. The IO then takes all of the evidence and presents it to the Convening Authority (usually a high-ranking military officer). This officer decides whether to proceed with a court-martial or not. Article 32 hearings do provide important protections to those accused. They allow the accused to make their defense in a fair and impartial manner. The IO is obliged to conduct an impartial and independent investigative hearing, which ensures that the accused receives a fair evaluation of the evidence. If the IO recommends a court-martial, the accused can still demand that the case be heard in a court-martial, even if the Convening Authority disagrees.

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