Article 32 hearing 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 dispostition ; factors to be considered include , " inter alia " , the relevant statutory and case law , the seriousness of the offenses , the strength or weakness of each element of the case , the promotion of good order and discipline , and the commander ' s desire for case disposition . An investigation is normally directed when it appears the charges are of such a serious nature that trial by general court - martial may be warranted . The commander directing an investigation under Article 32 details a commissioned officer as investigating officer who will conduct the investigation and make a report of conclusions and recommendations . This officer is never the accuser , trial counsel ( judge advocate prosecutor ) , nor in the accused ' s chain of command . This officer may or may not have any legal training , although the use of military attorneys ( judge advocates ) is recommended and common within service practice . If the investigating officer is not a lawyer , he or she may seek legal advice from an impartial source , but may not obtain such advice from counsel for any party . An investigative hearing is scheduled as soon as reasonably possible after the investigating officer ’ s appointment . The hearing is normally attended by the investigating officer , the accused and the defense counsel . The commander will ordinarily detail counsel to represent the United States , and in some cases a court reporter and an interpreter ; these appointments are , in practical reality , duty assignments made by the criminal law branch of the command judge advocate ' s office . Ordinarily , this investigative hearing is open to the public and the media . The investigating officer will , generally , review all non - testimonial evidence and then proceed to examination of witnesses . Except for a limited set of rules on privileges , interrogation , and the rape - shield rule , the military rules of evidence do not apply at this investigative hearing . This does not mean , however , that the investigating officer ignores evidentiary issues . The investigating officer will comment on all evidentiary issues that are critical to a case ’ s disposition . All testimony is taken under oath or affirmation , except that an accused may make an unsworn statement . The defense is given wide latitude in cross - examining witnesses . As of 2013 in cases where sexual assault is alleged extremely intrusive and aggressive cross examination of the victim is permitted , a practice which has been cited by critics of the military ' s handling of sexual assault in the United States military . With no rape shield law s in effect the victim may be questioned at length , in one case involving a midshipmen at the Navy Academy for 30 hours over several days , about their past sexual behavior . If the commander details an attorney to represent the United States , this government representative will normally conduct a direct examination of the government witnesses . This is followed by cross - examination by the defense and examination by the investigating officer upon completion of questioning by both counsel . Likewise , if a defense witness is called , the defense counsel will normally conduct a direct examination followed by a government cross - examination . After redirect examination by the defense counsel , or completion of questioning by both counsel , the investigating officer may conduct additional examination . The exact procedures to be followed in the hearing are not specified in either the Uniform Code of Military Justice or the Manual for Court - Martial .