Confused by what an Article 32 hearing is?
I’ll break it down for you in under 60 seconds and tell you the military’s dirty little secret.
Let’s go!
An Article 32 hearing is a preliminary hearing to decide whether or not there is enough evidence to move forward to court-martial. At the hearing a neutral and detached officer known as the preliminary hearing officer, the foe, not the pho. He’ll review evidence and hear from witnesses. There the accused has the right to legal representation, right to be present, the right to present evidence and the right to cross-examine witnesses.
After the hearing the foe is going to decide whether or not there’s enough evidence against you. It’s going to write a report a recommendation to the convening authority on whether or not the case should go forward or if it should be dismissed.
Here’s the military’s dirty little secret even if the IO says, hey there’s no probable cause of support this going forward to court martial it should be dismissed, they can and probably will still go to court martial. It’s just a rubber stamp you might be thinking to yourself. Well if it’s a rubber stamp why in the hell would I choose to go forward with it? Because you actually can say you wave it.
Here’s why if you have an attorney who knows what they’re doing you can get some strategic gems inside of the article 32 for the trial later. And I’m of the position if the United States government is trying to put you in jail trying to take your freedom and liberty away you should probably make them jump through every single hoop they have to in order for that to happen.
You shouldn’t make it easy on them and wave the hearing. So that’s a quick look at the article 32 hearing. If you thought this was helpful follow for more information on the UCMJ and military law and in the meantime I’ll be defending those who defend America.
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