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:
“Therefore I have uttered what I did not understand, things too wonderful for me, which I did not know. ... I had heard of you by the hearing of the ear, but now my eye sees you; therefore I despise myself, and repent in dust and ashes.””
—Bible: Hebrew, Job 42:3-6.
Job to God.
“Ah, Governor [Murphy, of New Jersey], don’t try to deceive me as to the sentiment of the dear people. I have been hearing from the West and the East, and the South seems to be the only section which approves of me at all, and that comes from merely a generous impulse, for even that section would deny me its votes.”
—William Howard Taft (1857–1930)
“Orpheus with his Lute made Trees,
And the Mountaine tops that freeze,
Bow themselves when he did sing.
To his Musicke, Plants and Flowers
Ever spring; as Sunne and Showres,
There had been a lasting Spring.
Every thing that heard him play,
Even the Billowes of the Sea,
Hung their heads, and then lay by.
In sweet Musicke is such Art,
Killing care, and griefe of heart,
Fall asleepe, or hearing dye.”
—William Shakespeare (1564–1616)