What is the UCMJ Article 32?

The Uniform Code of Military Justice (UCMJ) is the set of laws and regulations that govern members of the United States military. Article 32 of the UCMJ is the requirement for a “preliminary hearing” to be conducted in any case where a court-martial is a possibility. This hearing, referred to as a “Article 32 Investigation,” serves two main purposes. First, the investigating officer is tasked with making a determination as to whether there is sufficient evidence to support the charges and whether a court-martial is appropriate. The investigating officer is also responsible for obtaining favorable evidence for the accused, to ensure that the accused’s rights are protected. This investigating officer will hear from witnesses and review the evidence, and then make a report to the convening authority, who will decide whether or not to pursue the case with a court-martial. Second, an Article 32 Investigation is also used to determine the sentencing of a court-martial, should it be pursued. The investigating officer will consider the severity of the offense, and then make a recommendation to the convening authority as to the proposed sentence. The convening authority has the final say in sentencing, but the investigating officer’s recommendation serves as a baseline for the process. In Mississippi, all criminal proceedings, including those related to the UCMJ, are governed by the jurisdictions of the Mississippi Court of Appeals. The court handles all appeals for criminal cases, including those resulting from an Article 32 Investigation.

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What is the UCMJ Article 32?

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