Military service members can sometimes get into trouble. For minor cases, they may be sent for non-judicial punishment (NJP) instead of having to go through a court martial. Individuals who are facing NJP have specific rights throughout the process.
One of the first rights they must know about is the right to refuse NJP. This right exists up until the punishment is announced. Anyone considering refusing NJP should be prepared to go through a court martial that may result in harsher punishments if they’re found guilty.
Other rights during NJP
Service members have the right to avoid self-incrimination during the NJP process. They can do this by remaining silent. The right to an attorney isn’t present in these cases, but the individual can have a spokesperson to help them present their case.
During the NJP, the service member has the right to appear for any hearings so they can hear all evidence and respond to their commanding officer. They also have the right to confront and question witnesses or challenge documentation presented against them.
The person who’s facing the NJP has the right to present a defense, explain the circumstances surrounding the event and attempt to mitigate the severity of the punishment. They can present evidence, including documents and witness testimony, to back up their claims.
If a service member is convicted during the NJP, they have the right to appeal the decision. They only have five calendar days to submit this appeal, and it must include a valid and acceptable reason. This can be a complex undertaking, so they may need the assistance of someone familiar with NJP proceedings and policies.