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:
“It is surely a matter of common observation that a man who knows no one thing intimately has no views worth hearing on things in general. The farmer philosophizes in terms of crops, soils, markets, and implements, the mechanic generalizes his experiences of wood and iron, the seaman reaches similar conclusions by his own special road; and if the scholar keeps pace with these it must be by an equally virile productivity.”
—Charles Horton Cooley (1864–1929)
“There is all the poetry in the world in a name. It is a poem which the mass of men hear and read. What is poetry in the common sense, but a hearing of such jingling names? I want nothing better than a good word. The name of a thing may easily be more than the thing itself to me.”
—Henry David Thoreau (1817–1862)
“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)