Nonjudicial Punishment (NJP)

transcript

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

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

Who Imposes NJP?

• Commanding Officers

• Officers-in-Charge

U.S. Marine General Officers

NJP Authority

• No one junior to CO or OIC may impose

• Not delegable– CO’s duty to ensure fair treatment of his

subordinates

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

Joint Duty

-Members of different

services are assigned to same

-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

Offenses Punishable at NJP

• Designed for Minor offenses

• Generally - Offenses not punishable by:– Confinement for more than one year– Dishonorable Discharge

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

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

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

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

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

Rights at Hearing

• To be informed of and allowed to examine all evidence to be considered

• To be allowed to speak and present witnesses

Civilian Witnesses

• Must be reasonably available

• CO has no power to require civilian’s attendance

Civilian Witness providing testimony

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”

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

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

Punishments• Admonition• Reprimand• Reduction in rate and pay• Forfeiture of pay• Loss of liberty• Extra Military Instruction

(EMI)• NO Prison Confinement

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

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

• 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

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

• Service members must make timely appeal– must be submitted within five days of

imposition of NJP– extension for good cause may be requested

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

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

Nonjudicial Punishment (NJP)

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