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:
“The hearing ear is always found close to the speaking tongue; and no genius can long or often utter anything which is not invited and gladly entertained by men around him.”
—Ralph Waldo Emerson (1803–1882)
“I used to be angry all the time and I’d sit there weaving my anger. Now I’m not angry. I sit there hearing the sounds outside, the sounds in the room, the sounds of the treadles and heddles—a music of my own making.”
—Bhakti Ziek (b. c. 1946)
“What Congress and the popular sentiment approve is rarely defeated by reason of constitutional objections. I trust the measure will turn out well. It is a great relief to me. Defeat in this way, after a full and public hearing before this [Electoral] Commission, is not mortifying in any degree, and success will be in all respects more satisfactory.”
—Rutherford Birchard Hayes (1822–1893)