UCMJ Article 32 Questions
What is Article 32?Article 32 is where a member of the military is accused of some sort of serious charge and is in violation of the Uniform Code of Military Justice (UCMJ), and then the military can prosecute them at what is called Court Martial. In the Court Martial is where most serious cases are heard. Before charged can be placed to a trial by general court martial there must be an Article 32, UCMJ. After that hearing the officer makes a decision on whether a trail is warranted or not. But, that is not the final decision, because the local commanding general will make the final decision on whether there will be a trial. Read below where the Military Lawyers have provided answers to the top commonly asked questions on Article 32.
If someone had an Article 32 will that show up on their background check?An Article 32 is a pre trial investigation; in that case it will not show up on a person’s background check. If after the Article 32 they went to a court martial and they were convicted, then that could most likely show up. It will still be considered part as someone record, but will not show up on the background check. For more information what can show up on a person’s background check, contact Legal Experts on JustAnswer.
If someone has already at an Article 32 hearing and now going to a court martial for domestic violence does the victim need to be present in order for them to use what they have told the law enforcement?If the accused is being prosecuted at court martial, then the prosecution must call the victim as a witness. They cannot use any out of court statements as a testimony unless they are present. If they do not show, then they will issue them a subpoena. If they refuse to answer the subpoena the just will have the United States Marshall’s arrest them.
If someone is waiting on an Article 32 hearing because of a sexual assault case, what can happen to the person if they are found guilty?The Article 32 is very similar to the grand jury process in the United States criminal law. The hearing is to decide whether or not there is enough evidence to move the trial forward. After the Article 32 hearing, a report will be made and then forwarded with a recommendation to the convening authority for the court martial. In the court martial is decided what charges are to be made. In the end, it will all depend on the exact detail of what happened and who everyone was in this situation. There are many charges a person can face when dealing with sexual assault, but most likely they will be charged anywhere from wrongful sexual assault which is a one year offense, to an aggravated assault which is a 30 year offence.
What can someone expect when going to an Article 32 hearing when being falsely accused of child molestation from two years ago?The Article 32 hearing is the most important part of a person’s trial, in this hearing they will gain knowledge and get a chance to prepare their case. This trial is a very powerful opportunity, and this is not available in the state or federal criminal court. They will want to make sure they have the best counsel possible to represent them for this trial.
If a person that was in the military was sent an Article 32 and then once they discharge from the military could they be looking at local criminal charges?If the crime was one for which a civilian court has jurisdiction, then yes they can be charged with local criminal charges. Although having a civilian trail after an Article 32 dismissal, then this does not the same, and they cannot be charged again, that would be considered double jeopardy.
When facing an Article 32 hearing, many questions can arise, as to what a person needs to do in order to prepare for this type of hearing. Military Lawyers can provide legal answers to these questions and many more regarding Article 32 rights.