1 Nonjudicial Punishment (NJP)

2 Purpose of NJP Commander’s tool for maintaining good order and discipline Promotes behavior change in service- members without courts-martial U.S. Marine Recruiting Poster

3 Purpose is Prompt, Visible Discipline - Not Criminal Conviction Hearing before CO Due Process protection complies with modern norms Procedure is less formal Punishment on board USS Cyane – mid 1800s

4 Who Imposes NJP? Commanding Officers Officers-in-Charge U.S. Marine General Officers

5 NJP Authority No one junior to CO or OIC may impose Not delegable –CO’s duty to ensure fair treatment of his subordinates

6 Limitations of Superior Commanders Cannot direct a subordinate commander to impose NJP Cannot influence which offenses should be disposed of under NJP Retains authority to take a case to his/her level for disposition General Patton

7 Joint Duty -Members of different services are assigned to same unit -Generally NJP authority is retained by a superior of the same branch -Personnel may be returned to their parent service for NJP NATO Allied Joint Forces Command

8 Offenses Punishable at NJP Designed for Minor offenses Generally - Offenses not punishable by: –Confinement for more than one year –Dishonorable Discharge

9 Former Punishment NJP may be considered former punishment –NJP cannot be imposed for same misconduct more than once If subsequently court-martialed for same offense, NJP punishment is credited against the court-martial sentence

10 Civilian Action and NJP Military may punish member for misconduct where: –civilian punishment imposed was exceptionally light –civilian punishment is impracticable for continued military service –where unique military interest exists

11 Notification and NJP Service member shall be informed in writing of: –charges against him or her –the fact that NJP is being considered –a summary of the evidence –the maximum NJP punishments possible –the right to refuse NJP -The right to speak to a military attorney

12 Refusal of NJP May leave courts-martial as only alternative Is not a right to demand trial by courts-martial Right to refuse expires upon imposition of NJP punishment –Members on ships may not refuse NJP

13 Rights at Hearing To be present and personally present case to the CO To remain silent, anything said at NJP may be used later at courts-martial A personal representative, though not necessarily a lawyer

14 Rights at Hearing To be informed of and allowed to examine all evidence to be considered To be allowed to speak and present witnesses

15 Civilian Witnesses Must be reasonably available CO has no power to require civilian’s attendance Civilian Witness providing testimony

16 Administrative Matters NJP Guide –used by CO’s when conducting NJP Military Rules of Evidence –do not apply at NJP Standard of Proof –Depends on the service U.S. Army – “beyond reasonable doubt” U.S. Navy – “preponderance of the evidence”

17 Publication of NJP Results Posting of results in common area of unit If for military personnel only, may be published fully If civilians have access to information, names must be removed NJP is a military offense, not for public record

18 CO Options at Hearing CO chooses and announces punishment at the hearing Impose NJP Refer charges to courts- martial Postpone imposition of punishment Commanding Officer announces NJP punishment

19 Punishments Admonition Reprimand Reduction in rate and pay Forfeiture of pay Loss of liberty Extra Military Instruction (EMI) NO Prison Confinement

20 Basis for Maximum Punishments Grade of imposing officer Rank of service member (officer or enlisted) Whether it is a ship or shore command –bread & water may not be imposed on shore

21 Clemency and Corrective Action A member’s commander or reviewing superior commander may: –SET ASIDE NJP removes finding from member’s record exercised when there is clear injustice must take place within reasonable time frame –ORDER UNEXECUTED PORTIONS OF PUNISHMENT TO BE CANCELLED

22 A member’s commander or reviewing superior commander may also : –Reduce punishment –Suspend all or part of the punishment These actions must generally happen within four months of imposition

23 Appeals All members have right to appeal NJP to immediate superior of the imposing officer Two grounds for appeal –punishment is unjust –punishment is disproportionate to offense

24 Service members must make timely appeal –must be submitted within five days of imposition of NJP –extension for good cause may be requested

25 Procedure for Appeal Submitted in writing by service member To the CO’s superior by way of the CO CO shall endorse the appeal and include –statement of facts –copies of documents and witness statements –copy of service member’s record of performance

26 Action of Appellate Authority “Abuse of Discretion” standard of review Can reduce, but not increase, punishment May take corrective action or order a rehearing At rehearing, maximum punishment limited to original NJP punishment

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