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Internet), Will Travel
Internet), Will Travel
Article 32 Investigation
The Article 32, UCMJ, investigation is the equivalent of a pretrial hearing in civilian court.
The procedure was changed substantially by Congress in 2019. Now the hearing is no longer a discovery tool for the defense or intended to be a “bulwark” against baseless charges. Now it is much like the Federal Rule of Criminal Procedure 5.1.
That the new Article 32 is supposed to be like the preliminary hearing for a civilian accused is not the problem. The problem is that, unlike in federal district court, the convening authority can still prosecute. If a magistrate judge in federal court does not find probable cause the charges are dismissed.
Here is the new Article 32 and you can immediately see how a servicemembers is discriminated against and treated unfairly. Basically, even though there is no probable cause you can be made to face court-martial.
Here is a link to the Policy Subcommitte Article 32, UCMJ, Preliminary Hearing Assessment of the DAC-IPAD.