What is the UCMJ Article 32?

Article 32 of the Uniform Code of Military Justice (UCMJ) is a provision that requires any military officer initiating criminal action against a service member to follow specific procedures. It is a fundamental part of the military justice system and provides for an investigation of alleged offenses by an “impartial officer” before any charges are preferred. The purpose of this investigation is to determine if sufficient evidence exists to proceed to trial-by-court-martial or some other form of judicial proceedings. In Utah, military members can make a request for an Article 32 investigation if they wish to contest the charges brought against them. Even with such an investigation, a commander may still refer the case to trial-by-court-martial if they believe there is sufficient evidence against the service member. The impartial officer assigned to the investigation will gather evidence, examine witnesses, and provide their findings and recommendations to the commander. From there, the officer will either accept or reject the recommendations and determine the appropriate course of action. The Article 32 investigation aims to ensure fairness in a military court setting and the right of a service member to be treated in accordance with the law. It is the cornerstone of military justice and plays a crucial role in protecting the rights of military personnel in Utah and across the country.

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What is the UCMJ Article 32?

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