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Topic: Nonjudicial punishment

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Uniform Code of Military Justice

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April 24

	Nonjudicial punishment - Wikipedia, the free encyclopedia
		Nonjudicial punishment in the United States military, is a form of military discipline authorized by Article 15 of the Uniform Code of Military Justice.
		The process for a nonjudicial punishment is governed by Part V of the Manual for Courts-Martial and by each service branch's regulations.
		If the member considers the punishment to be unjust or to be disproportionate to the misconduct committed, he or she may appeal to higher authority.
	en.wikipedia.org /wiki/Nonjudicial_punishment (724 words)

	NonJudicial Punishment (Site not responding. Last check: 2007-10-29)
		Nonjudicial punishment (NJP) is a leadership tool providing military commanders a prompt and essential means of maintaining good order and discipline.
		Consenting to participation in a nonjudicial punishment proceeding is not an admission of guilt.
		Permissible punishments for enlisted personnel can include such actions as reduction in rate, forfeiture of pay (up to ½ of one month’s pay for two months), restriction to base or to the ship (up to 60 days), extra duties, correctional custody (up to 30 days), and a reprimand.
	www.jag.navy.mil /html/NLSOGlakesNonjudicial_punishment.htm (583 words)

	Military.com Resources (Site not responding. Last check: 2007-10-29)
		Punishment under NJP is limited to confinement on bread and water or diminished rations, restriction to certain specified limits, arrest in quarters, correctional custody, extra duties, forfeiture of pay, detention of pay and reduction in grade.
		While admonition and reprimand may be imposed in all cases, other punishments which may be imposed in a particular case depend on the grade of the officer imposing punishment, the grade of the accused, and whether the accused is attached to or embarked on a vessel.
		The accused may appeal the imposition of nonjudicial punishment on the grounds that it is unjust or disproportionate to the offense.
	www.military.com /Resources/ResourceFileView?file=Active_Benefits_Law_NJP.htm (538 words)

	Hilltop Times - Nonjudicial Punishment (Site not responding. Last check: 2007-10-29)
		A senior airman from the 388th Equipment Maintenance Squadron is now aware that dropping an AGM-65 missile and causing it $185,000 damage could’ve resulted in a bad conduct discharge, reduction to airman basic, forfeiture of all pay and allowances, and confinement for one year.
		Although the senior airman didn’t receive the maximum punishment, the circumstances surrounding his offense warranted his reduction to airman first class, 30 days extra duty and a reprimand.
		All administrative action decisions and resulting punishments are determined on a case-by-case basis taking several factors into consideration to include the facts and circumstances of a particular case, the accused’s duty history, culpability, rank and age, and potential for rehabilitation.
	www.hilltoptimes.com /story.asp?edition=147&storyid=4128 (769 words)

	Executive Order 11081 (Site not responding. Last check: 2007-10-29)
		The imposition and enforcement of disciplinary punishment under this article for an act or omission is not a bar to trial by court martial for a serious crime or offense which grew out of the same act or omission and which is not properly punishable under this article.
		Whenever punishment on bread and water or diminished rations is imposed, a signed certificate of a medical officer (see 125), containing his opinion that no serious injury to the health of the person to be confined will be caused by that punishment, must be obtained before the punishment is executed.
		Extra duties assigned as punishment of noncommissioned officers, petty officers, or such other enlisted persons of assimilative positions as may be designated by regulations of the Secretary concerned, may not be of a kind which demeans their grades or positions.
	www.cs.umb.edu /~rwhealan/jfk/exec_orders/eo11081.html (6282 words)

	Minnesota Statutes 2005, 192A.085
		Before acting on an appeal from a punishment of a fine or forfeiture of pay or reduction in grade, the authority who is to act on the appeal shall refer the matter to the authority's judge advocate for advice and counsel.
		The imposition and enforcement of disciplinary punishment under this section for any act or omission is not a bar to trial by court-martial or prosecution by civilian authorities for a serious crime or offense growing out of the same act or omission, and not properly punishable under this section.
		The fact that a disciplinary punishment has been enforced may be shown by the accused upon trial, and when so shown shall be considered in determining the measure of punishment to be adjudged in the event of a finding of guilty.
	www.revisor.leg.state.mn.us /stats/192A/085.html (634 words)

	Non-Judicial Punishment (Site not responding. Last check: 2007-10-29)
		Non-Judicial Punishment (NJP) is known by different terms among the Services, such as "Article 15," "Office Hours," or "Captain's Mast," but the purpose of NJP is to discipline servicemembers for minor offenses such as reporting late for duty, petty theft, destroying government property, sleeping on watch, providing false information, and disobeying standing orders.
		Although the actual punishments under an NJP offense are limited to confinement on diminished rations, restriction to certain specified limits, arrest in quarters, correctional custody, extra duties, forfeiture of pay, detention of pay and reduction in grade.
		The extent of these punishments depends on the grade of the officer imposing punishment, the grade of the accused, and whether the accused is attached to or embarked on a vessel.
	www.military.com /Resources/IndexTmp/0,,30901---ResourcesContent,00.html (446 words)

	26-1015 - Commanding officer; nonjudicial punishment
		Punishment may not be imposed on any member of the national guard under this chapter if the member has, before the imposition of such punishment, demanded trial by court-martial in lieu of such punishment.
		E. The officer who imposes a punishment authorized in subsection B or his successor in command may suspend probationally, at any time, any part or amount of the unexecuted punishment imposed and may suspend probationally a reduction in grade or a forfeiture imposed under subsection B, whether or not the punishment is executed.
		The fact that a disciplinary punishment has been enforced may be shown by the accused upon trial, and if so shown shall be considered in determining the measure of punishment to be adjudged if there is a finding of guilty.
	www.azleg.state.az.us /ars/26/01015.htm (957 words)

	FM 27-1 Chptr 4 Nonjudicial Punishment
		Nonjudicial punishment is not the same as nonpunitive disciplinary measures, which Chapter 2 of this manual discusses.
		If a company grade officer does not feel that company grade punishment is adequate for an offense, he should forward the case to the field grade commander with a request that the field commander exercise authority under the provisions of UCMJ, Article 15.
		Mitigation reduces the punishment's severity and is appropriate when offenders demonstrate subsequent good conduct that merits a decrease in punishment.
	www.globalsecurity.org /military/library/policy/army/fm/27-1/Ch4.htm (2320 words)

	Military Justice 101 - Part 4, Nonjudicial Punishment (Article 15)
		Nonjudicial punishment (NJP) refers to certain limited punishments which can be awarded for minor disciplinary offenses by a commanding officer or officer in charge to members of his/her command.
		Gravity refers to the maximum possible punishment, however, and is the subject of separate discussion in that paragraph.
		When dealing with disciplinary infractions, the commander must be free to consider the impact of circumstance since he is considered the best judge of it; whereas, in disposing of crimes, society at large has an interest coextensive with that of the commander, and criminal defendants are given more extensive safeguards.
	www.thecre.com /fedlaw/legal22/aa100100a.htm (1222 words)

	[No title] (Site not responding. Last check: 2007-10-29)
		Permissible Punishments: The amount or duration of each form of punishment is limited by UCMJ Article 15, the Manual for Courts-Martial and AFI 51-202, depending on the grade of the offender and the grade or status of the officer imposing punishment.
		Suspensions: All or part of any punishment imposed may be suspended; however, the suspension is AFFTCPAM 51-3 3 Mar 95 5 limited to 6 calendar months from the date of the suspension or the end of an enlistment or current term of service.
		Punishment will not be stayed pending appeal unless action is not taken within 5 days after the appeal was submitted, and then only if the member requests action be stayed pending appeal.
	www.edwards.af.mil /pim/PUBS/tc51/51-3.doc (3756 words)

	Nonjudicial punishment
		Nonjudicial punishment (NJP) is a leadership tool providing United States military commanders a prompt and essential means of maintaining good order and discipline.
		The maximum permissible punishments depends on the rank of the accused and that of the officer conducting the hearing.
		Receipt of nonjudicial punishment doesn't constitute a criminal conviction.
	www.fastload.org /no/Nonjudicial_punishment.html (379 words)

	Capital Punishment in TutorGig Encyclopedia (Site not responding. Last check: 2007-10-29)
		Capital punishment is a legal punishment in Belarus for a variety of crimes that are considered grave by the Government of Belarus government.
		Petticoat Punishment is a type of punishment for boys on the pretext that they have attempted to wear..., and the person imposing the punishment is nearly always female, usually a mother, aunt..
		A psychological punishment is a type of punishment that relies not or only in secondary order on the actual harm inflicted such as corporal punishment s or fines but on psychological effects, mainly emotions..
	www.tutorgig.com /es/Capital+Punishment (788 words)

	[No title] (Site not responding. Last check: 2007-10-29)
		Thus, nonjudicial punishment is normally appropriate when administrative action does not work or is not severe enough and court-martial action is too severe.
		Nonjudicial punishment is not appropriate or the member did not commit the offense(s) alleged.
		All or part of the punishment may be suspended for up to 6 calendar months from the date of suspension as long as this time does not exceed the member’s current enlistment or term of service.
	www.au.af.mil /au/cpd/jagschool/press/mjdb/chapters/njp.doc (7539 words)

	Trial Stages:Sentence & Punishment:Evidence
		Gammons, 51 MJ 169 (1999) (failure to object to government’s reference to nonjudicial punishment imposed for same serious offense tried at court-martial constituted waiver under RCM 1001(b)(2); CAAF rejects plain error argument).
		Gammons, 51 MJ 169 (1999) (where nonjudicial punishment and a court-martial involve the same offense, Article 15(f), UCMJ requires that the defense, not the prosecution, determine whether the record of nonjudicial punishment should be presented).
		Roth, 52 MJ 187 (1999) (MRE 615 dealing with exclusion of witnesses from the court room is a rule of evidence which may be relaxed during the sentencing portion of the trial).
	www.armfor.uscourts.gov /digest/1999dig/IVC1.htm (338 words)

	Judicial Punishment Title (Site not responding. Last check: 2007-10-29)
		Regulations, details and descriptions of the administration of corporal punishment around the world (schools, judicial, prisons, institutions), past and present, from official documents or poor picture quality, nor for the inaccurate title "Judicial Caning [sic] in Jamaica".
		Nonjudicial punishment (NJP) is a leadership tool providing military commanders 15, UCMJ (Section 815 of Title 10, United States Code) and is
		The punishment for an offense under subsection or judicial branch of the Government or one of the executive departments enumerated in section 101 of title 5;
	www.usa-attorney-research.com /sitemap-attorney/judicial-punishment-title.html (404 words)

	ipedia.com: Court-martial Article (Site not responding. Last check: 2007-10-29)
		A court-martial (plural courts-martial) is a military court that determines punishments for members of the military subject to military law.
		A District Court-Martial may punish the accused with up to two years imprisonment; the General Court-Martial may punish the accused with up to life imprisonment (if the offence is serious enough).
		In a general court-martial, the maximum punishment is that set for each offense under the MCM, and may include death (for certain offenses), confinement, a dishonorable or bad conduct discharge for enlisted personnel, a dismissal for officers, or a number of other forms of punishment.
	www.ipedia.com /court_martial.html (1081 words)

	Hawaii Administrative Rules: Title 7, Subtitle 1, Chapter 2: Nonjudicial Punishment (Site not responding. Last check: 2007-10-29)
		(a) The non-judicial punishments that a commanding officer may impose shall be as set forth in the exhibit entitled "Annex 1" dated 1 November 1984, located at the end of this subtitle, which is made a part of this section.
		(a) The maximum punishment authorized in non-judicial punishment proceedings shall be as provided in the exhibit entitled "Annex 1" dated 1 November 1984, located at the end of this subtitle, which is made a part of this section.
		The suspension of imposition of non-judicial punishment may be vacated by any commanding officer or officer in charge competent to impose upon the offender concerned, punishment of the kind and amount involved in the vacation of suspension.
	www.dod.state.hi.us /aso/title_7/chapter_02.html (3377 words)

	U.S. v. Edwards
		We held that confinement on bread and water was not an authorized punishment in that case because the accused was not "attached to or embarked in a vessel" within the meaning of Article 15(b)(2)(A).
		Booker, supra, this Court held that evidence of previous nonjudicial punishment is not admissible unless the person being punished was advised of his or her right to confer with "independent counsel" before deciding whether to demand trial by court-martial.
		Of course, if the evidence relating to the nonjudicial punishment shows that the person being punished had no right to demand trial because he was "attached to or embarked in a vessel," then Booker is inapplicable.
	www.armfor.uscourts.gov /opinions/1996Term/96_0126.html (2503 words)

	Major getting Article 15 for friendly fire incident (Site not responding. Last check: 2007-10-29)
		General Carlson offered Major Schmidt nonjudicial punishment June 19, 2003, in response to the charges.
		Six days, later, Major Schmidt opted to be tried by court-martial instead of accepting nonjudicial punishment.
		Punishment under Article 15 in this case can range from no punishment to a reprimand, a fine of up to $5,600, 60 days restriction or 30 days arrest in quarters.
	www.af.mil /news/story_print.asp?storyID=123008039 (276 words)

	Student pilots receive nonjudicial punishment (Site not responding. Last check: 2007-10-29)
		The officers, with ranks of second lieutenant through captain, were disciplined for their roles in cheating on emerg">
		The officers, with ranks of second lieutenant through captain, were disciplined for their roles in cheating on emergency procedure quizzes.
		The punishment included forfeitures of pay ranging from $250 to $1,675 per month for two months and reprimands for unacceptable conduct offenses including conduct unbecoming an officer (cheating on academic tests), dereliction of duty and making a false official statement.
	www.af.mil /news/story.asp?storyID=123011060 (199 words)

	FindLaw for Legal Professionals - Case Law, Federal and State Resources, Forms, and Code
		Historically, federal sentencing - the function of determining the scope and extent of punishment - never has been thought to be assigned by the Constitution to the exclusive jurisdiction of any one of the three Branches of Government.
		18 To be sure, all rulemaking is nonjudicial in the sense that rules impose standards of general application divorced from the individual fact situation which ordinarily forms the predicate for judicial action.
		Just as the nonjudicial members of the Commission act as administrators, bringing their experience and wisdom to bear on the problems of sentencing disparity, so too the judges, uniquely qualified on the subject of sentencing, assume a wholly administrative role upon entering into the deliberations of the Commission.
	caselaw.lp.findlaw.com /scripts/getcase.pl?court=US&vol=488&invol=361 (15001 words)

	[No title] (Site not responding. Last check: 2007-10-29)
		A NORAD officer has accepted nonjudicial punishment stemming from allegations he raped an Air Force Academy freshman last year.
		Second Lt. Ronen Segal at the North American Aerospace Defense Command had been charged with rape, forcible sodomy and dereliction of duty for providing alcohol to a minor.
		The Air Force withdrew the first two charges last week and offered Segal an Article 15 proceeding for nonjudicial punishment for dereliction of duty and conduct unbecoming an officer.
	afa.gazette.com /fullstory.php?id=516 (191 words)

	ipedia.com: Nonjudicial punishment Article (Site not responding. Last check: 2007-10-29)
		Nonjudicial punishment is a leadership tool providing United States military commanders a prompt and essential means of maintaining good order and discipline.
		NJP is permitted by Article 15 of the Uni...
		Maximum possible punishments for officers can include forfeiture of pay (up to ½ of one month's pay per month for two months), restriction to base or to the ship (up to 60 days), arrest in quarters (up to 30 days), and a reprimand.
	www.ipedia.com /nonjudicial_punishment.html (409 words)

	Figure 6-5.—Accused’s notification and election of rights (Site not responding. Last check: 2007-10-29)
		notified that the commanding officer is considering imposing nonjudicial punishment on you because
		punishment, charges could be referred for trial by court-martial by summary, special, or general
		If you decide to accept nonjudicial punishment, you may request a personal appearance before the
	www.tpub.com /content/combat/14137/css/14137_135.htm (462 words)

	JURIST - Paper Chase
		The commander may dispose of the offense with nonjudicial punishment.
		In order to find the service member guilty, the commander must be convinced beyond a reasonable doubt that the service member committed the offense.
		The maximum punishment depends on the rank of the commander imposing punishment and the rank of the service member being punished.
	jurist.law.pitt.edu /paperchase/2004/03/guantanamo-commandant-finds-muslim.htm (363 words)

	Conscription, by Christopher Jehn: The Concise Encyclopedia of Economics: Library of Economics and Liberty
		Because of that and because service members are all volunteers, the military has far fewer discipline problems, greater experience (because of less turnover), and hence more capability.
		So, for example, discipline rates—nonjudicial punishment and courts-martial—are down from 184 per 1,000 in 1972 to just 76 per 1,000 in 1990, and more than half of today's force are careerists—people with more than five years' experience—as compared to only about one-third in the fifties and sixties.
		Based on this experience, most military leaders are thoroughly convinced that a return to the draft could only weaken the armed forces.
	www.econlib.org /library/Enc/Conscription.html (1338 words)

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