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:
“You are not wood, you are not stones, but men;
And being men, hearing the will of Caesar,
It will inflame you, it will make you mad.”
—William Shakespeare (1564–1616)
“I do not allow myself to be moved by anything except the law. If there has been a mistake in the law, or if I think there has been perjury or injustice, I will weigh the petition most carefully, but I do not permit myself to be moved by more harrowing details, and I try to treat each case as if I was reviewing it or hearing it for the first time from the bench.”
—William Howard Taft (1857–1930)
“When, at rare intervals, some thought visits one, as perchance he is walking on a railroad, then, indeed, the cars go by without his hearing them. But soon, by some inexorable law, our life goes by and the cars return.”
—Henry David Thoreau (1817–1862)