What is the UCMJ Article 32?

The Uniform Code of Military Justice (UCMJ) Article 32 is an important part of the military legal process in Washington State. This Article of the UCMJ governs how serious criminal offenses are investigated, the roles played by various personnel during the process, the rights of the accused to a fair hearing, and the duties of the commander. Article 32 of the UCMJ requires that all serious criminal allegations be investigated by a commanding officer or a preliminary hearing officer. Allegations requiring an Article 32 hearing include charges of rape, sexual assault, murder, larceny, and any other offense that might carry with it a potential sentence of a dishonorable discharge or confinement of more than one year. The investigation conducted under Article 32 is similar to the grand jury proceedings conducted in the civilian justice system. The accused person has the right to legal counsel and can request to cross-examine witnesses, both in the military and civilian sectors. The goal of an Article 32 hearing is to determine if there is reasonable evidence of guilt that merits the case proceeding to a general court-martial. The commander who conducts the hearing then has the authority to refer the case for a general court-martial, direct a summary court-martial, or take other lesser-included administrative or non-judicial disciplinary action. In Washington State, Military legal professionals are responsible for upholding and enforcing the UCMJ and Article 32, ensuring the rights and well-being of all parties throughout the military legal process.

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What is the UCMJ Article 32?

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