Hearing

  • bestmilitarydefenseucmjdefenselawyer126The hearing is non-adversarial. AR 27-10, para. 3-18g(2). Neither the Soldier nor spokesperson (or retained lawyer) may examine or cross-examine witnesses unless allowed by the commander; however, the Soldier or spokesperson or lawyer can indicate to the imposing commander the relevant issues or questions that they would like to be explored or asked.
  • In the commander’s presence unless extraordinary circumstances. AR 27-10, para. 3- 18(g)(1).
  • Rules of evidence. MCM, pt. V, para. 4c(3); AR 27-10, para. 3-18j. Nonjudicial Punishment (NJP)
    1. Commander is not bound by the formal rules of evidence, except for the rules pertaining to privileges.
    2. May consider any matter the commander believes relevant (including, e.g. unsworn statements and hearsay).
    3. But beware that if the Soldier turns down the Art. 15, the Military Rules of Evidence will apply at a court-martial.
  • Proof beyond a reasonable doubt required. AR 27-10, para. 3-18l.