Should You Accept NJP? What Service Members Need to Know.
Are you facing NJP? Here’s two minutes on what you need to know about nonjudicial punishment.
Found in Article 15 of the UCMJ or Part V of the Manual for Courts-Martial, NJP is a way for your Commanding Officer to dispose of low-level misconduct—misconduct that doesn’t rise to the level of a court-martial.
The burden of proof at NJP is by a preponderance of the evidence—meaning, your CO has to find that it is more likely than not, or 51% likely, that you committed the offense charged. This is a much lower burden of proof than at a court-martial, which is proof beyond a reasonable doubt—the highest burden in our system.
Also at NJP, your CO is not bound by the Military Rules of Evidence—meaning, they can consider pretty much anything they want to, including hearsay statements from witnesses who don’t actually appear before them. What this means is that, if you go to NJP, you are very likely to be found guilty and punished there.
Now, the maximum punishments at NJP include:
Restriction for up to 60 days;
Extra duties for up to 60 days;
Or if they combine them, a cap of 45 days on each;
Forfeiture of ½ of your pay for up to 2 months;
Being reduced by 1 pay grade; and
Receiving a reprimand.
And all of these punishments can be suspended for a period of time as well.
Now, you do have rights in this process.
You have the right to choose to make a statement or remain silent.
You have the right to put on evidence and call witnesses on your behalf.
And you have the right before NJP to consult with counsel to decide whether you want to accept NJP or refuse it and instead demand trial by court-martial. This is a decision you should make carefully and with the benefit of counsel.
In some cases, if the Government’s evidence is strong, it may be in your interest to accept NJP, rather than daring the command to take you to a court-martial, where the potential punishments and the consequences of a conviction are much more severe.
On the other hand, you should also know that in many cases, an NJP is likely to be followed by an Administrative Separation process—and a finding of guilt at NJP will make it easier for the military to kick you out.
Lastly, you have the right to appeal an NJP result, either because the punishment was disproportionate to the offense charged, or because the result was unjust—meaning, there was a flaw in the process along the way and you shouldn’t have been found guilty.
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And if you’re facing NJP and need to consult with an attorney, contact information for my firm, Parlatore Law Group, is on the screen now. Thank you.
Work: 860-735-1116
Attorney Advertising Disclaimer: This information is provided for general educational purposes only, does not constitute legal advice, and does not create an attorney-client relationship.
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