The death penalty will be sought for Army Major Nidal Hasan who is accused of murdering 13 people in a shooting spree at Fort Hood, Texas.

The actual decision to seek the death penalty occurs after an Article 32 hearing. The hearing -- the military justice system's rough equivalent of a grand jury hearing -- is scheduled to start June 1 at Fort Hood.

An Article 32 hearing is a proceeding under the United States Uniform Code of Military Justice (UCMJ), similar to that of a preliminary hearing or a grand jury proceeding 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 nonjudicial punishment, a summary court martial, special court martial, general court martial, or administrative separation. A commanding officer, in his role as court martial convening authority, will consult with his 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.