What is the UCMJ Article 32?

The Uniform Code of Military Justice (UCMJ) is a federal law that establishes a set of standards and procedures for the prosecution of offenses committed by members of the United States Armed Forces. The UCMJ is a law that is binding on all branches of the military, and is the primary source of criminal law in the United States. Article 32 of the UCMJ is the investigating officer’s inquiry. It is the formal procedure for investigating criminal offenses under the UCMJ. The purpose of Article 32 is to determine whether enough evidence exists to justify a trial by court-martial. The investigating officer evaluates the evidence and makes a recommendation to the commander in charge of the accused, who then decides whether a court-martial will be convened. In some cases, the investigating officer may recommend that the accused be discharged from the armed forces. Any officer or non-commissioned officer (NCO) in the armed forces may serve as an investigating officer if they have a thorough understanding of the UCMJ. During the investigation the accused is generally represented by an attorney or a legal advisor from the JAG office. The investigating officer gathers evidence, calls witnesses, and hears testimony before submitting a report that contains recommendations on whether or not to proceed to a court-martial. Article 32 investigations provide a level of fairness to military personnel who are accused of a crime. Article 32 investigates charges more thoroughly than civilian courts, and allows the accused to present their case before any court-martial is convened. As such, Article 32 of the UCMJ is a critical part of the military justice system.

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What is the UCMJ Article 32?

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