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:
“If we had a keen vision and feeling of all ordinary human life, it would be like hearing the grass grow and the squirrels heart beat, and we should die of that roar which lies on the other side of silence. As it is, the best of us walk about well wadded with stupidity.”
—George Eliot [Mary Ann (or Marian)
“Experience is not a matter of having actually swum the Hellespont, or danced with the dervishes, or slept in a doss- house. It is a matter of sensibility and intuition, of seeing and hearing the significant things, of paying attention at the right moments, of understanding and co-ordinating. Experience is not what happens to a man; it is what a man does with what happens to him.”
—Aldous Huxley (18941963)
“I used to be angry all the time and Id sit there weaving my anger. Now Im not angry. I sit there hearing the sounds outside, the sounds in the room, the sounds of the treadles and heddlesa music of my own making.”
—Bhakti Ziek (b. c. 1946)