Hearing
Prior to imposition of NJP, the commander will notify the accused of the commander's intention to impose punishment, the nature of the misconduct alleged, supporting evidence and a statement of the accused's rights under the UCMJ. All service members, except those embarked or attached to a vessel currently away from its homeport, have a right to refuse NJP and request a court-martial. If the accused does not accept the NJP, the NJP hearing is terminated and the commander must make the decision of whether to process the service member for court-martial. If the accused accepts NJP, he or she, plus a representative if desired, will attend the hearing conducted by the commander. The accused may present evidence and witnesses to the commander. The commander must consider any information offered during the hearing, and must be personally convinced that the service member committed misconduct before imposing punishment.
Read more about this topic: Non-judicial Punishment
Famous quotes containing the word hearing:
“I am glad I made the late race. It gave me a hearing on the great and durable question of the age, which I could have had in no other way; and though I now sink out of view, and shall be forgotten, I believe I have made some marks which will tell for the cause of civil liberty long after I am gone.”
—Abraham Lincoln (1809–1865)
“One does not jump, and spring, and shout hurrah! at hearing one has got a fortune, one begins to consider responsibilities, and to ponder business; on a base of steady satisfaction rise certain grave cares, and we contain ourselves, and brood over our bliss with a solemn brow.”
—Charlotte Brontë (1816–1855)
“Recently we’ve been hearing a lot about women “having it all.” Myself, I think that is not really an accurate description of female lives today. It seems to me that what we have been up to is DOING it all.”
—Sylvia Hewlett (20th century)