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:
“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)
“In trying to understand the appeal of best-sellers, it is well to remember that whistles can be made sounding certain notes which are clearly audible to dogs and other of the lower animals, though man is incapable of hearing them.”
—Rebecca West (1892–1983)
“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)