Common

Article 32 hearing

United States military court hearing

Article 32 hearing

Common card · No. 328277

An Article 32 hearing is a proceeding under the United States Uniform Code of Military Justice, similar to that of a preliminary hearing in civilian law. Its name is derived from UCMJ section VII ("Trial Procedure") Article 32 (10 U.S.C. § 832), which mandates the hearing. The UCMJ specifies several different levels of formality with which infractions can be dealt. The most serious is a general court-martial. An article 32 hearing is required before a defendant can be referred to a general court-martial, in order to determine whether there is enough evidence to merit a general court-martial. Offenders in the US military may face non-judicial punishment, a summary court-martial, special court-martial, general court-martial, or administrative separation. A commanding officer, in the role as court-martial convening authority, will consult with the command judge advocate for advice on case disposition; factors to be considered include, inter alia, the relevant statutory and case law, the...

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